Kenai Peninsula Borough

Assembly Meeting Minutes

March 1, 2005 - 7:00 p.m. Regular Meeting - Soldotna, Alaska

CALL TO ORDER

A Regular Meeting of the Kenai Peninsula Borough Assembly was held on March 1, 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 Keith Randall, Peninsula Grace Brethren, Soldotna.

There were present:

Gary Superman, Presiding

Dan Chay

Betty Glick

Ron Long

Milli Martin

Grace Merkes

Chris Moss

Pete Sprague

comprising a quorum of the assembly.

Absent:

Paul Fischer (excused)

Also in attendance were:

Dale Bagley, Borough Mayor

Colette Thompson, Borough Attorney

Sherry Biggs, Deputy Borough Clerk

Johni Blankenship, Administrative Assistant, Borough Clerk's Office

COMMITTEE REPORTS (7:03:15)

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

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 items.

Assembly Member Long reported the Legislative Committee met and discussed its brief agenda of various legislative issues of concern to the borough.

APPROVAL OF AGENDA AND CONSENT AGENDA (7:10:36)

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

The following item was added to the regular meeting agenda.

President Superman called for additions, corrections or deletions to the agenda or consent agenda.

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.

President Superman called for public comment on consent agenda items.

The following person spoke in opposition to Ordinance 2005-07:

Steve Stringham, PO Box 941, Soldotna, AK

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

AGENDAS APPROVED AS AMENDED: Unanimous.

COMMENDING RESOLUTIONS AND PROCLAMATIONS - None.

PRESENTATIONS WITH PRIOR NOTICE (7:18:42)

Cathy Mayer, KPB Solid Waste Director, provided an update on the Central Peninsula Landfill operations.

PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (7:31:47)

Lloyd Schade, 35250 Schade Drive, Homer, AK, discussed certification needs for the Eastland Volunteer Fire Department.

Vicki Pate, PO Box 7447, Nikiski, AK, discussed economic situations associated with big government.

Ruby Kime, Alice Avenue, Ninilchik, AK, suggested the Fiscal Year 2006 budget be reduced by ten percent.

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

REPORTS OF COMMISSIONS AND COUNCILS - None.

MAYOR'S REPORT (7:42:22)

Agreements and Contracts

Approval of contract with Clyde Benson for Financial Audit of Tesoro Refinery

Other

Borough Grant Recipients Report

Mayor Bagley said he planned to introduce an ordinance with recommendations for revenue increases, not including the proposed bed tax or increase to the sales tax cap.

PUBLIC HEARINGS ON ORDINANCES (7:52:28)

Ordinance 2005-04: Enacting KPB 5.08.025 Establishing Guidelines for Service Areas to Borrow Money from the General Fund for Capital Acquisitions (Martin) (Referred to Policies and Procedures Committee)

[Clerk's Note: A teleconference site was established at the Kenai Peninsula Borough Homer Assessing Office to receive public testimony on the above ordinance.]

MOTION: Chay moved to enact Ordinance 2005-04.

Assembly Member Chay explained the ordinance would create a policy and establish guidelines to allow service areas to borrow money from the general fund.

President Superman called for public comment.

The following people spoke in favor of Ordinance 2005-04:

Paul Pellegrini, PO Box 1961, Homer, AK

Vicki Pate, PO Box 7447, Nikiski, AK, but expressed concern that mill rates would increase.

Fred Sturman, PO Box 513, Soldotna, AK, suggested the service area contingency funds be eliminated if the ordinance passed.

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

Assembly Member Martin said the Kachemak Emergency Service Area could utilize this program to purchase property for a new fire station.

Finance Director Scott Holt stated several service areas had also approached the administration regarding short term low interest loans for equipment purchases.

Assembly Member Martin asked Mr. Holt and Borough Attorney Thompson if the ordinance provided proper safeguards. Mr. Holt and Ms. Thompson stated they were comfortable with the ordinance as written.

Assembly Members Sprague and Glick spoke in opposition to Ordinance 2005-04.

MOTION TO AMEND: Glick moved to amend Ordinance 2005-04 as follows:

Section 1, Item 6. to read, "All such loans must be approved by the assembly by ordinance and ratified by a majority of the voters within the service area, and the assembly may add such additional terms and conditions as it finds in the best interests of the borough."

Assembly Members Long, Moss and Martin spoke in opposition to the amendment.

VOTE ON MOTION TO AMEND:

Yes: Glick, Sprague

No: Chay, Long, Martin, Merkes, Moss, Superman

Absent: Fischer

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

Assembly Members Merkes, Chay and Glick spoke in opposition to Ordinance 2005-04.

MOTION: Long moved to postpone Ordinance 2005-04 until the April 5, 2005 meeting.

VOTE ON MOTION TO POSTPONE:

Yes: Chay, Long, Martin, Merkes, Moss

No: Glick, Sprague, Superman

Absent: Fischer

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

(8:41:00)

Ordinance 2004-19-38: Accepting an Ambulance from the Southern Region Emergency Medical Services Council, Inc. and Appropriating Matching Funds in the Amount of $7,500 on Behalf of Kachemak Emergency Services (Mayor) (Referred to Finance Committee)

[Clerk's Note: A teleconference site was established at the Kenai Peninsula Borough Homer Assessing Office to receive public testimony on the above ordinance.]

MOTION: Moss moved to enact Ordinance 2004-19-38.

President Superman called for public comment.

The following person spoke in favor of Ordinance 2004-19-38:

Paul Pellegrini, PO Box 1916, Homer, AK

The following person spoke in opposition to Ordinance 2004-19-38:

Lloyd Schade, 35250 Schade Drive, Homer, AK

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

VOTE ON MOTION TO ENACT:

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

No: None

Absent: Fischer

MOTION TO ENACT PASSED: 8 Yes, 0 No, 1 Absent (08:56:20)

Ordinance 2005-05: Enacting KPB Chapter 5.19, Providing for a Transient Accommodations Tax and Providing for the Submission to the Voters of a Proposition Authorizing the Borough to Impose this Tax (Glick) (First of Three Hearings) (Referred to Policies and Procedures Committee)

[Clerk's Note: A teleconference site was established at the Kenai Peninsula Borough Seward Annex Office to receive public testimony on the above ordinance.]

MOTION: Chay moved to enact Ordinance 2005-05.

Assembly Member Chay said the Finance Department estimated an annual increase of approximately $1.8 Million in revenue if this tax were implemented and a $40,000 cost to administer the program.

President Superman called for public comment.

The following people spoke in opposition to Ordinance 2005-05:

Dan Van Zee, 37037 Nicholas Lane, Soldotna, AK, spoke on behalf of Jon Faulkner, owner of Land's End Resort in Homer and the Van Guilder Hotel in Seward

Don Johnson, PO Box 876, Soldotna, AK

Patricia Falkenberg,, 399 McCollum Drive, Kenai, AK

Ruby Kime, Alice Avenue, Ninilchik, AK

Fred Sturman, PO Box 513, Soldotna, AK

The following people spoke in favor of Ordinance 2005-05:

Vicki Pate, PO Box 7447, Nikiski, AK

Lloyd Schade, 35250 Schade Drive, Homer, AK

Steve Anderson, 399 Lovers Lane, Soldotna, AK

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

MOTION TO AMEND: Moss moved to hold an additional public hearing on Ordinance 2005-05 in Homer (location to be determined) during the week of March 28, 2005.

VOTE ON MOTION TO AMEND:

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

No: None

Absent: Fischer

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

MOTION TO POSTPONE: Merkes moved to postpone Ordinance 2005-05 until the next scheduled public hearing date of March 15, 2005.

VOTE ON MOTION TO POSTPONE:

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

No: None

Absent: Fischer

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

(9:39:22)

Ordinance 2004-36: Amending KPB 5.18.430, Sales Tax Computation - Maximum Tax, By Increasing It From $500 to $1000 (Mayor) (Referred to Finance Committee)

[Clerk's Note: A teleconference site was established at the Kenai Peninsula Borough Seward Annex Office to receive public testimony on the above ordinance.]

[Clerk's Note: There was a motion to enact on the floor from the October 26, 2004 meeting.]

Assembly Member Moss stated the estimated annual revenue would be approximately $1.5 - $1.9 Million.

President Superman called for public comment.

The following people spoke in opposition to Ordinance 2004-36:

Don Johnson, PO Box 876, Soldotna, AK

Ruby Kime, Alice Avenue, Ninilchik, AK

Vicki Pate, PO Box 7447, Nikiski, AK

Fred Sturman, PO Box 513, Soldotna, AK

James Price, 49185 Island Lake Road, Nikiski, AK

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

MOTION TO TABLE: Moss moved to table Ordinance 2004-36.

VOTE ON MOTION TO TABLE:

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

No: None

Absent: Fischer

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

(9:57:20)

MOTION TO SUSPEND RULES: Long moved to suspend the rules and address Ordinance 2005-06, Ordinance 2005-06 (Mayor's) Substitute, Resolution 2005-006 and Ordinance 2004-19-28 as the next items of business to receive public testimony from the Cooper Landing Senior Citizens.

VOTE ON MOTION TO SUSPEND RULES:

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

No: None

Absent: Fischer

MOTION TO SUSPEND RULES PASSED: 8 Yes, 0 No, 1 Absent

(9:58:40)

Ordinance 2005-06: Authorizing the Lease and Sale of Land in the Cooper Landing Area to the Cooper Landing Senior Citizen Corporation, Inc. at Less Than Fair Market Value (Mayor) (Referred to Lands Committee)

Ordinance 2005-06 (Mayor's) Substitute: Authorizing the Lease and Sale of Land in the Cooper Landing Area to the Cooper Landing Senior Citizen Corporation, Inc. at Less Than Fair Market Value (Mayor) (Referred to Lands Committee)

MOTION: Merkes moved to enact Ordinance 2005-06.

MOTION TO AMEND: Merkes moved to amend Ordinance 2005-06 by substitution.

President Superman called for public comment on Ordinance 2005-06 and/or Ordinance 2005-06 (Substitute).

The following people spoke in favor of Ordinance 2005-06 (Mayor's) Substitute:

Charles Young, PO Box 703, Cooper Landing, AK

Kate Stevens, PO Box 817, Cooper Landing, AK

Tim Anderson, PO Box 87154, Wasilla, AK

Mary Anderson, PO Box 87154, Wasilla, AK

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

VOTE ON MOTION TO AMEND

BY SUBSTITUTION:

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

No: None

Absent: Fischer

MOTION TO AMEND BY

SUBSTITUTION PASSED: 8 Yes, 0 No, 1 Absent

MOTION TO AMEND: Merkes moved to amend Ordinance 2005-06 (Mayor's) Substitute as follows:

Ninth Whereas to read, "David M. Derry, MAI, determined the current fair market value of the subject 12.5 +/- acres on February 26, 2005 to be $94,000; and"

VOTE ON MOTION TO AMEND:

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

No: None

Absent: Fischer

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

MOTION TO AMEND: Merkes moved to amend Ordinance 2005-06 (Mayor's) Substitute as follows:

Section 5 to read, "The Lease with option to purchase amount shall be $70,500 payable by cash in whole or in part..."

VOTE ON MOTION TO AMEND:

Yes: Glick, Long, Martin, Sprague

No: Chay, Merkes, Moss, Superman

Absent: Fischer

MOTION TO AMEND FAILED: 4 Yes, 4 No, 1 Absent

MOTION TO AMEND: Long moved to amend Ordinance 2005-06 (Mayor's) Substitute as follows:

Section 5 to read, "The Lease with option to purchase amount shall be $94,000 payable by cash in whole or in part..."

Assembly Member Martin did not feel $94,000 was a fair amount and suggested that prior expenditures by the Cooper Landing seniors be deducted, based on the 30 year amortization schedule. Ms. Martin was uncomfortable in charging the full market value of the property.

VOTE ON MOTION TO AMEND:

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

No: Martin

Absent: Fischer

MOTION TO AMEND PASSED: 7 Yes, 1 No, 1 Absent

MOTION TO AMEND: Long moved to amend Ordinance 2005-06 (Mayor's) Substitute as follows:

Title to read, " An Ordinance Authorizing the Lease and Sale of Land in the Copper Landing Area to the Cooper Landing Senior Citizen Corporation, Inc. at [LESS THAN] Fair Market Value"

VOTE ON MOTION TO AMEND:

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

No: None

Absent: Fischer

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

VOTE ON MOTION TO ENACT

SUBSTITUTE AS AMENDED:

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

No: None

Absent: Fischer

MOTION TO ENACT SUBSTITUTE

AS AMENDED PASSED: 8 Yes, 0 No, 1 Absent

(10:31:24)

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)

[Clerk's Note: There was a motion to adopt on the floor from the January 4, 2005 meeting.]

President Superman called for public comment with none being offered.

VOTE ON MOTION TO ADOPT:

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

No: None

Absent: Fischer

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

(10:33:03)

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)

[Clerk's Note: There was a motion to enact on the floor from the January 4, 2005 meeting.]

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

VOTE ON MOTION TO ENACT:

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

No: None

Absent: Fischer

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

(10:44:58)

Ordinance 2004-19-35: Appropriating $213,956 to the Special Assessment Fund for West Brook Estate Road Improvement Special Assessment District (Mayor) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2004-19-35.

Assembly Member Moss stated the KPB Road Service Area had accepted West Brook Estate Road into its program and provided a 50 percent match.

President Superman called for public comment with none being offered.

MOTION TO AMEND: Moss moved to amend Ordinance 2004-19-35 as follows:

Final Whereas to read, "the estimated total cost of the project [OF] is $213,956, of which $106,978 is to be provided..."

Section 3 to read, "That the special assessment fund shall repay $106,978 [THE FULL AMOUNT] with interest at the annual rate of 7.5 percent to the general fund..."

VOTE ON MOTION TO AMEND:

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

No: None

Absent: Fischer

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

VOTE ON MOTION TO ENACT AS AMENDED:

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

No: None

Absent: Fischer

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

(10:47:55)

Ordinance 2004-19-36: Accepting a $100,200 Grant from the Denali Commission and Appropriating the Grant and Additional Funds of $41,800 to the Solid Waste Department for Burnboxes in Nanwalek and Seldovia (Mayor) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2004-19-36.

Assembly Member Moss said there were several amendments forthcoming.

President Superman called for public comment with none being offered.

MOTION TO AMEND: Moss moved to amend Ordinance 2004-19-36 as follows:

Title to read, "An Ordinance Accepting a $110,200 [$100,200] Grant from the Denali Commission..."

Third Whereas to read, "...at an estimated cost of $152,000 [$142,000]; and"

Fifth Whereas to read, "...a grant in the amount of $110,200 [$100,200] to provide burnboxes in Nanwalek and Seldovia; and"

Section 1 to read, "That the mayor is authorized to accept a grant from the Denali Commission in the amount of $110,200 [$100,200]..."

Section 2 to read, "That grant funds in the amount of $55,100 [$50,100]..."

Section 3 to read, "That grant funds in the amount of $55,100 [$50,100]..."

VOTE ON MOTION TO AMEND:

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

No: None

Absent: Fischer

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

VOTE ON MOTION TO ENACT AS AMENDED:

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

No: None

Absent: Fischer

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

(10:52:54)

Ordinance 2004-19-37: Accepting and Appropriating a $9,000 Grant from the State of Alaska for a Floodplain Management Workshop (Mayor) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2004-19-37.

Assembly Member Moss said amendments would be made to address required matching funds.

President Superman called for public comment with none being offered.

MOTION TO AMEND: Moss moved amend Ordinance 2004-19-37 as follows:

Fifth Whereas to read, "the Mayor's Office has $2000 available in account 100.11210.0000.43920 [IN ITS APPROVED FY04/05 OPERATING BUDGET] to cover a portion of its expenses for the workshop, which costs are eligible to apply toward the match requirement and will have to be transferred to account 100.94910.00000.60251, Transfer to Kenai River Center fund; and"

Sixth Whereas to read, "the Planning Department has $1,000 available in account 100.21110.00000.43870 [IN ITS APPROVED FY04/05 OPERATING BUDGET] to cover a portion of its expenses for the workshop, which costs are eligible to apply towards the match requirement and will have to be transferred to account 100.94910.00000.60251, Transfer to Kenai River Center fund; and

Add a new Section 3 to read, "That $2,000 is transferred from account 100.11210.00000.43920, and $1,000 is transferred from account 100.21110.00000.43780 to account 100.94910.00000.60251, Transfer to Kenai River Center."

Add a new Section 4 to read, "That the local match of $3,000 is appropriated to account 251.21135.05FPM.49999."

And to renumber the original Section 3 as Section 5.

VOTE ON MOTION TO AMEND:

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

No: None

Absent: Fischer

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

VOTE ON MOTION TO ENACT AS AMENDED:

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

No: None

Absent: Fischer

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

UNFINISHED BUSINESS (Postponed Items)

(10:57:05)

Ordinance 2004-35: Amending KPB Chapter 1.12 to Provide For Economic Summaries to be Attached to Proposed Ordinances (Glick) (Referred to Policies and Procedures Committee)

[Clerk's Note: There was a motion to enact on the floor from the November 16, 2004 meeting.]

President Superman called for public comment.

The following person spoke in favor of Ordinance 2004-35:

Vicki Pate, PO Box 7447, Nikiski, AK

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

Assembly Member Long spoke in opposition to Ordinance 2004-35.

MOTION TO AMEND: Moss moved to amend Ordinance 2004-35 as follows:

Add a new Section 2 to read, "That this ordinance will remain in effect until March 1, 2006."

And to renumber the remaining section accordingly.

MOTION TO AMEND: Sprague moved to amend the amendment as follows:

"That this ordinance will remain in effect until June 30, 2006 [MARCH 1, 2006]."

VOTE ON SECONDARY AMENDMENT:

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

No: None

Absent: Fischer

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

VOTE ON MAIN AMENDMENT:

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

No: None

Absent: Fischer

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

MOTION TO AMEND: Chay moved to amend Ordinance 2004-35 as follows:

Section 3 to read, "That this ordinance shall take effect July 1, 2005 [IMMEDIATELY UPON ITS ENACTMENT]."

Assembly Member Sprague said the Finance Department and the Borough Economist should have time to complete economic summaries and there was no need to delay the process until July 1.

VOTE ON MOTION TO AMEND:

Yes: Chay, Long, Martin, Moss

No: Glick, Merkes, Sprague, Superman

Absent: Fischer

MOTION TO AMEND FAILED: 4 Yes, 4 No, 1 Absent

(11:09:51)

Assembly Member Glick noted there was a provision allowing for a waiver of the required summary and an ordinance would not be invalidated due to a lack of an economic summary.

VOTE ON MOTION TO ENACT AS AMENDED:

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

No: Long, Superman

Absent: Fischer

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

NEW BUSINESS (11:13:27)

Resolution 2005-018: Supporting the Sterling Community Club, Inc. Grant Application to the Denali Commission for Construction of a Community Multi-Use Facility (Merkes)

MOTION: Merkes moved to adopt Resolution 2005-018.

Assembly Member Merkes said Sterling had been working for many years to have a community center. The Denali Commission had a program to fund such projects, with the applications due on March 15, 2005.

President Superman called for public comment with none being offered.

VOTE ON MOTION TO ADOPT:

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

No: None

Absent: Fischer

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

PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (11:18:00)

Fred Sturman, PO Box 513, Soldotna, AK, discussed proposed state and local taxes.

ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS

Assembly Member Long thanked the Mayor and Planning Department for their work on the Cooper Landing senior housing issues.

Assembly Member Glick presented the assembly with a certificate of recognition from the U.S. Department of Health and Social Services. Ms. Glick also directed a question to Mayor Bagley regarding Agrium's potential property tax liability. Mayor Bagley said the tax assessment for the structures would remain the same. The assessed value would be affected by any equipment that remained onsite or was sold.

Assembly Member Martin asked to participate telephonically at the March 15, 2005 meeting.

Assembly Member Sprague thanked his fellow assembly members for working so hard to get through the evening's lengthy agenda.

Assembly President Superman attended the recent Agrium Task Force meeting. The purpose was to gain clarity on what the public could expect, both in the near future and with the potential plant closure on November 1, 2005. The Task Force was scheduled to meet again on March 18.

ADJOURNMENT (11:31:01)

Having reached the legislative deadline of 11:30 p.m., President Superman adjourned the meeting.

I certify the above represents accurate minutes of the Kenai Peninsula Borough Assembly meeting of March 1, 2005.