CALL TO ORDER

A Special Meeting of the Kenai Peninsula Borough Assembly was held on April 19, 2005, in the Assembly Chambers, Borough Administration Building, Soldotna, Alaska. President Superman called the meeting to order at 1:00 p.m.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was recited.

There were present:

Gary Superman, Presiding

Dan Chay

Paul Fischer (arrived at 1:08 p.m.)

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

APPROVAL OF AGENDA (1:03:10)

MOTION TO APPROVE AGENDA: Sprague moved for the approval of the agenda.

AGENDA APPROVED: Unanimous.

(1:04:49)MOTION: Moss moved to convene in executive session to discuss potential litigation strategy regarding a borough ordinance created by an initiative petition which was passed by the voters of the North Peninsula Recreation Service Area. A discussion of this matter in public would prejudice the position of the borough and the litigation and prevent the candid discussion of facts and litigation strategies. Therefore, this matter, the immediate knowledge of which would clearly be detrimental to the borough's interest and create an adverse effect upon the finances of the borough as it would disclose the borough's litigation strategy to the public.

(1:05:35)

Assembly Member Glick asked about the parameters and nature of the assembly's executive sessions. Borough Attorney Colette Thompson said all comments were to remain in strict confidence. Assembly Member Glick stated comments from a recent executive session had been disclosed and she voiced her displeasure with such a breach of ethics from her fellow assembly members.

President Superman said Ms. Glick's comments were well-taken and asked all assembly members to consider their role in dealing with all confidential matters.

Attorney Thompson agreed with Ms. Glick and said that all discussions from an executive session were to remain confidential.

[Clerk's Note: Assembly Member Fischer arrived at 1:08 p.m.]

MOTION TO AMEND: Moss moved to include Attorney Thompson, Mayor Bagley, Borough Clerk Murphy and Deputy Borough Clerk Biggs in the executive session.

(1:14:32)

Assembly Member Sprague said in light of the breach of confidentiality he was also uncomfortable with convening in executive session as he was uncertain if discussions would be kept confidential.

Assembly Member Fischer asked why an executive session was needed.

MOTION TO AMEND PASSED: Unanimous.

(1:17:21)

Attorney Thompson said the borough was not currently engaged in a lawsuit. The matter dealt with capitol improvements for the North Peninsula Recreation Service Area as addressed by the voters in 2004.

Assembly Member Sprague asked if this special meeting pertained to recent initiative petitions submitted to the Clerk's Office. President Superman said the new petitions were not specifically included in the motion but did have a significant relevance to the motion. Attorney Thompson said two of the initiative petitions submitted contained the same legal issue on the limit of capitol improvements.

Assembly Member Sprague noted KPB 4.130 designated the clerk to respond to initiative petitions and wondered what role the assembly had with petitions.

Attorney Thompson said there was no action required from the assembly on the pending initiative petitions. There was a legal issue to address.

Assembly Member Long hoped the assembly could trust each other and maintain the required level of confidentiality.

Assembly Member Moss said if the executive session took a turn, he would excuse himself.

Assembly Member Glick was personally offended that information was disclosed from an executive session.

MOTION TO RECESS IN

EXECUTIVE SESSION PASSED: Unanimous.

[Clerk's Note: The assembly recessed into executive session at 1:24 p.m. and reconvened at 2:04 p.m.]

(2:04:53)

MOTION: Moss moved to reconvene the special assembly meeting.

MOTION PASSED: Unanimous.

ADJOURNMENT (2:05:19)

President Superman adjourned the special meeting at 2:05 p.m.

I certify the above represents accurate minutes of the Kenai Peninsula Borough Special Assembly meeting of April 19, 2005.

Approved by Assembly: