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Kenai Peninsula Borough Assembly Meeting Minutes |
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May 3, 2005 - 7:00 p.m. Regular Meeting - Seward, Alaska |
CALL TO ORDER
A Regular Meeting of the Kenai Peninsula Borough Assembly was held on May 3, 2005, in the City Council Chambers, Seward City Hall, Seward, 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 Assembly Member Milli Martin.
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, Borough Clerk
Johni Blankenship, Deputy Clerk
COMMITTEE REPORTS (7:03:00)
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.
MOTION: Long moved to confirm the appointment of Johni Blankenship as Deputy Clerk with an initial salary of $48,000 and after a 6 month satisfactory review, the annual salary would automatically increase to $52,500.
MOTION PASSED: Unanimous.
APPROVAL OF AGENDA AND CONSENT AGENDA (7:10:23)
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 items were moved from the consent agenda to the regular agenda:
The following items were moved from the regular agenda to the consent agenda:
Copies having been made available to the public, 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 items agenda with none being offered. (7:19:33)
AGENDAS APPROVED AS AMENDED: Unanimous.
SWEARING IN OF THE BOROUGH CLERK AND DEPUTY BOROUGH CLERK
Borough Clerk Sherry Biggs and Deputy Borough Clerk Johni Blankenship read their "Oaths of Office" into the record.
COMMENDING RESOLUTIONS AND PROCLAMATIONS (7:21:07)
Mayor Bagley proclaimed May 1 through May 7, 2005 as Municipal Clerk's Week and presented a proclamation to Sherry Biggs, Clerk of the Kenai Peninsula Borough.
Mayor Bagley proclaimed May 2005 as Motorcycle Awareness Month and presented a proclamation to Carl Glick.
Assembly Vice President Long presented a commending resolution to Amy Collman as the Kenai Peninsula Boys and Girls Club "Youth of the Year."
Assembly Vice President Long presented a commending resolution to Melissa Olver as the Alaska PTA "Educator of the Year."
MOTION: Sprague moved to suspend the rules by moving Presentation with Prior Notice until after Public Hearings on Ordinances.
MOTION PASSED: Unanimous.
PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (7:31:50)
Laura Cloward, PO Box 749, Seward, AK commented on the accomplishments of KPTMC.
Jerry Dixon, PO Box 1058, Seward, AK encouraged the assembly to fully fund the School District.
Ed Martin Sr., PO Box 521, Cooper Landing, AK commented on the Kenai Peninsula Borough budget and encouraged the assembly to find ways to cut the proposed budget.
Melvin Tapsfield, PO Box 372, Seward, AK commented on the use of the Old Seward Middle School.
Karin Sturdy, PO Box 2121, Seward, AK commented on the use of the Old Seward Middle School.
Fred Sturman, PO Box 513, Soldotna, AK inquired about Jones Stub Road funds allocated by Senator Stevens.
Carol Griswold, PO Box 1342, Seward, AK commented on full school funding and stated the need for a burn box at the Seward Transfer Facility.
John Page, 14025 Shady Lane, Seward, AK commented on the accomplishments of Kenai Peninsula Tourism Marketing Council.
Martha Fleming, 210 Marathon Drive, Seward, AK, recommended full funding for the school district.
There being no one else who wished to speak, the public comment period was closed.
REPORTS OF COMMISSIONS AND COUNCILS - None. (7:57:58)
MAYOR'S REPORT (7:58:53)
Agreement and ContractsApproval of contract with HCG, Inc. to review and complete Spill Prevention Countermeasure Control Plans for Nikolaevsk and Chapman Elementary Schools
Approval of contract with Alaskan Industries, Inc. for Flooring Replacement in Multi-Purpose Room at Seward Elementary
Approval of contract with Tinker Creek Surveys for South Peninsula Hospital Addition 2005 Surveying and Platting Services
Other
Letter from US Postal Service regarding Proposed New Main Post Office in Clam Gulch, Alaska
Investment Portfolio Report as of March 31, 2005
MOTION: Long moved to suspend the rules by addressing Presentation with Prior Notice prior to Public Hearings on Ordinances.
MOTION PASSED: Unanimous.
PRESENTATIONS WITH PRIOR NOTICE (8:02:26)
Matt Hastie, consultant with Cogan Owens Cogan, presented a report on the final draft of the 2005 KPB Comprehensive Plan.
PUBLIC HEARINGS ON ORDINANCES
MOTION: Fischer moved to suspend the rules and address the following ordinance as the first item of business under Public Hearings:
Ordinance 2005-09.
MOTION PASSED: Unanimous.
(8:24:59)
Ordinance 2005-09: Amending the Borough Code to Provide for Increased Revenue Enhancement Measures Including Reducing the Senior Citizen/Disabled Veterans Property Tax Exemption to the First $200,000 in Value of Real Property Otherwise Eligible for the Exemption, Increasing the Borough Sales Tax Rate to 2.5 Percent, Amending KPB 5.18 to Provide that Taxes on Recreational Package Sales Shall be Calculated on a Per-Person Per-Day Basis, Imposing a Cap on the Amount of Funds Held in the Land Trust Fund (Mayor) (Second of Three Hearings) (Referred to Finance Committee)
[Clerk's Note: There was a motion to enact on the floor from the April 19, 2005 meeting.]
Assembly Member Moss stated the Finance Committee discussed Ordinance 2005-09 and indicated the purpose of the ordinance was to provide additional revenues in order to balance the proposed FY06 budget. He also stated he would be offering several amendments.
President Superman called for public comment.
The following people spoke in opposition to Ordinance 2005-09:
Fred Sturman, PO Box 513, Soldotna, AK
Merlin Cordes, 146 E. Fairview Avenue, Homer, AK
Bob Valdetta, 528 Fifth Avenue, Seward, AK
The following people spoke in favor of Ordinance 2005-09:
Willard Dunham, PO Box 27, Seward, AK
Charlie Crangle, PO Box 3394, Seward, AK
Melody Douglas, 3777 Grayling Court, Soldotna, AK
There being no one else who wished to speak, President Superman closed the public comment period.
MOTION TO AMEND: Merkes moved to amend Ordinance 2005-09 as follows:
Title to read, "Amending the Borough Code to Provide for Increased Revenue Enhancement Measures Including Reducing the Senior Citizen/disabled Veterans Property Tax Exemption to the First $200,000 in Value of Real Property Otherwise Eligible for the Exemption, Increasing the Borough Sales Tax Rate to [2.5] 3 Percent, Amending KPB 5.18 to Provide That Taxes on Recreational Package Sales Shall Be Calculated on a Per-person Per-day Basis, Imposing a Cap on the Amount of Funds Held in the Land Trust Fund"
6th Whereas to read, "It is anticipated that increasing the borough sales tax rate from 2 percent to [2.5] 3 percent would generate revenues approximately $3.55 million; and"
8th Whereas to read, "additional voter approval to increase the levy to [2.5]3 percent is therefor not required; and"
Section 2. (A) to read, "There is levied by the borough a consumer's sales tax of [2%][2.5]3 percent on all retail sales, on all rents, and on all services made or rendered within the borough, measure by the gross sales price of the seller."
MOTION TO AMEND: (Secondary Amendment) Long moved to amend the amendment as follows:
6th Whereas to read, "It is anticipated that increasing the borough sales tax rate from 2 percent to [2.5] 3 percent would generate revenues approximately $[3.55]5.4 million; and"
Section 6 to read, "That Section 2 of this ordinance shall take effect October 1, 2005, and that Section 5 of this ordinance shall take effect July 1, 2005, and that Section 1, 3, and 4 of this ordinance shall take effect January 1, 2006."
SECONDARY AMENDMENT PASSED: Unanimous.
Assembly Member Fischer spoke in opposition to the amendment.
President Superman passed the gavel to Vice President Long. President Superman spoke in favor of the amendment. Vice President Long returned the gavel to President Superman.
Assembly Member Long asked the administration to indicate the cuts that had been proposed in the FY 2006 budget. Mayor Bagley stated the administration has made 7 personnel cuts in the budget.
Vice President Long stated his support of the amendment.
Assembly Members Moss, Chay and Martin spoke in favor of the amendment.
Assembly Members Glick and Sprague spoke in opposition to the amendment.
MOTION: Merkes moved to postpone the amendment until the next regular scheduled hearing on May 17, 2005.
Assembly Member Merkes spoke in favor of postponing the amendment.
Assembly Member Long spoke in opposition to the postponement.
VOTE ON MOTION TO POSTPONE
AMENDMENT:
Yes: Fischer, Glick, Merkes, Sprague,
No: Chay, Long, Martin, Moss, Superman
Absent: None
MOTION TO POSTPONE
AMENDMENT FAILED: 4 Yes, 5 No, 0 Absent
Assembly Member Merkes spoke in favor of the amendment.
VOTE ON MOTION TO AMEND:
Yes: Chay, Long, Martin, Moss, Merkes, Sprague, Superman
No: Fischer, Glick
Absent: None
MOTION TO AMEND PASSED: 7 Yes, 2 No, 0 Absent
MOTION TO AMEND: Long moved to amend Ordinance 2005-09 as follows:
Title to read, "An Ordinance Amending the Borough Code to Provide for Increased Revenue Enhancement Measures Including Reducing the Senior Citizen [/disabled Veterans] Property Tax Exemption to the First $200,000 in Value of Real Property Otherwise Eligible for the Exemption, Increasing the Borough Sales Tax Rate to 3 Percent, Amending KPB 5.18 to Provide That Taxes on Recreational Package Sales Shall Be Calculated on a Per-person Per-day Basis, Imposing a Cap on the Amount of Funds Held in the Land Trust Fund"
5th Whereas to read, "reducing the unlimited senior citizen [/disabled veterans] unlimited property tax exemption to an exemption of the first $200,000 in value is expected to generate an increase in tax revenues in the approximate amount of [$381,000]$377,139 while continuing this important exemption program that helps senior citizens with limited liquid assets to keep their homes; and"
Section 1. To read, "That KPB 5.12.105(A) is hereby amended as follows:
A. A single parcel of real property owned and occupied as the primary residence and permanent place of abode [by a (1) resident 65 years of age or older; (2) disabled veteran; or a resident at least 60 years old who is the widow or widower of a person who qualified for this exemption under (1) or (2) of this subsection,] is exempt from taxation as set forth in subsections 1 of 2 of this section.[ THE MAXIMUM AMOUNT OF THE EXEMPTION IS UNLIMITED]. The limitation to a single parcel shall apply unless the applicant has applied for and received a determination that any additional parcel proposed for exemption qualifies as a subsidiary parcel eligible for inclusion as part of the primary residence and permanent place of abode under state law.
MOTION TO AMEND: (Secondary Amendment) Merkes moved to amend the amendment as follows:
Title to read, "An Ordinance Amending the Borough Code to Provide for Increased Revenue Enhancement Measures Including [REDUCING THE SENIOR CITIZEN /DISABLED VETERANS PROPERTY TAX EXEMPTION TO THE FIRST $200,000 IN VALUE OF REAL PROPERTY OTHERWISE ELIGIBLE FOR THE EXEMPTION,] Increasing the Borough Sales Tax Rate to 3 Percent, Amending KPB 5.18 to Provide That Taxes on Recreational Package Sales Shall Be Calculated on a Per-person Per-day Basis, Imposing a Cap on the Amount of Funds Held in the Land Trust Fund"
Delete the 5th Whereas in its entirety as shown:
[[REDUCING THE UNLIMITED SENIOR CITIZEN/DISABLED VETERANS] UNLIMITED PROPERTY TAX EXEMPTION TO AN EXEMPTION OF THE FIRST $200,000 IN VALUE IS EXPECTED TO GENERATE AN INCREASE IN TAX REVENUES IN THE APPROXIMATE AMOUNT OF $381,000 WHILE CONTINUING THIS IMPORTANT EXEMPTION PROGRAM THAT HELPS SENIOR CITIZENS WITH LIMITED LIQUID ASSETS TO KEEP THEIR HOMES; AND"]
Delete Section 1 in its entirety as shown:
[A. A SINGLE PARCEL OF REAL PROPERTY OWNED AND OCCUPIED AS THE PRIMARY RESIDENCE AND PERMANENT PLACE OF ABODE BY A (1) RESIDENT 65 YEARS OF AGE OR OLDER; (2) DISABLED VETERAN; OR A RESIDENT AT LEAST 60 YEARS OLD WHO IS THE WIDOW OR WIDOWER OF A PERSON WHO QUALIFIED FOR THIS EXEMPTION UNDER (1) OR (2) OF THIS SUBSECTION, IS EXEMPT FROM TAXATION[.T] IN THE MAXIMUM AMOUNT OF [THE EXEMPTION IS UNLIMITED] $200,000. THE LIMITATION TO A SINGLE PARCEL SHALL APPLY UNLESS THE APPLICANT HAS APPLIED FOR AND RECEIVED A DETERMINATION THAT ANY ADDITIONAL PARCEL PROPOSED FOR EXEMPTION QUALIFIES AS A SUBSIDIARY PARCEL ELIGIBLE FOR INCLUSION AS PART OF THE PRIMARY RESIDENCE AND PERMANENT PLACE OF ABODE UNDER STATE LAW.
Assembly Member Merkes spoke in favor of the amendment.
Assembly Members Glick, Sprague and Fischer spoke in opposition to the main amendment.
President Superman passed the gavel to Vice President Long. President Superman spoke in favor of the amendment to the main amendment. Vice President Long returned the gavel to President Superman.
Assembly Member Long spoke in favor of the amendment.
VOTE ON SECONDARY AMENDMENT:
Yes: Fischer, Glick, Long, Merkes, Superman
No: Chay, Martin, Moss, Sprague
Absent: None
MOTION ON SECONDARY
AMENDMENT PASSED: 5 Yes, 4 No, 0 Absent
[Clerk's Note: The secondary amendment deleted the main amendment in its entirety.]
MOTION TO POSTPONE: Moss moved to postpone Ordinance 2005-09 until the next scheduled public hearing date of May 17, 2005.
MOTION TO POSTPONE PASSED: Unanimous.
(9:50:00)
Ordinance 2004-19-44: Appropriating Funds from the Kenai Middle School Bleacher Project to the Seward Middle School Bleacher Project for New Bleacher Placement and Redoubt Elementary School Fire Alarm Improvements (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2004-19-44.
Assembly Member Moss stated Ordinance 2004-19-44 was introduced in order to transfer funds from a completed project to a new unfunded project.
President Superman called for public comment with none being offered.
MOTION TO ENACT PASSED: Unanimous.
(9:52:05)
Ordinance 2004-19-45: Accepting an Ambulance from the Southern Region Emergency Medical Services Council, Inc. on Behalf of Anchor Point Fire and Emergency Medical Service Area and Appropriating a $10,000 Local Match (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2004-19-45.
Assembly Member Moss said Southern Region Medical Services was a group that worked on behalf of other entities in order to provide funds and equipment for entities in need.
President Superman called for public comment with none being offered.
MOTION TO ENACT PASSED: Unanimous.
(9:54:02)
Ordinance 2004-19-46: Appropriating Supplemental Funding to Cover Health Insurance Cost in Excess of Budgeted Amounts (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2004-19-46.
Assembly Member Moss stated the Finance committee discussed Ordinance 2004-19-46 and indicated the ordinance was needed in order to appropriate additional funds to cover the unexpected health insurance expenses due to an increase in claims.
President Superman called for public comment with none being offered.
Assembly Member Chay asked the administration to comment on the health care increases. Finance Director Scott Holt stated the borough currently incurred a cost of $12,000 per employee and that there was a significant increase in claims over the past year.
Assembly Member Fischer asked Mr. Holt if there were any families that had double coverage through the borough. Finance Director Holt stated there were a few families that had double coverage either through other employers or through the school district.
MOTION TO ENACT PASSED: Unanimous.
(10:00:00)
MOTION: Long moved to suspend the rules and address Unfinished Business, Resolution 2005-036 prior to Ordinance 2004-19-47.
MOTION PASSED: Unanimous.
(10:01:04)
UNFINISHED BUSINESS
Resolution 2005-036: Determining the Amount to be Provided from Local Sources for School Purposes During Fiscal Year 2005-2006 (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to adopt Resolution 2005-036.
Assembly Member Moss stated the Finance Committee discussed Resolution 2005-036 and indicated the adoption of Resolution 2005-036 was time sensitive due to teacher hiring requirements.
President Superman called for public comment.
The following people spoke in favor of Resolution 2005-036:
Melody Douglas, Chief Financial Officer, KPBSD, PO Box 344, Soldotna, AK
Jim White, Information Services Director, KPBSD, 1509 Toyon Way, Kenai, AK
Charlie Crangle, PO Box 3394, Seward, AK
Carol Griswold, PO Box 1342, Seward, AK
David Kingsland, 1615 Bayview Place, Seward, AK
Debra Mullins, 53630 Redoubt Drive, Kenai, AK
Lynn Hohl, 2214 Cedar Acres, Seward, AK
There being no one else who wished to speak, the public comment period was closed.
Assembly Member Chay spoke regarding health care and the PERS and TRS retirement plans.
Assembly Members Long and Martin spoke in favor of Resolution 2005-036.
MOTION TO AMEND: Merkes moved to amend Resolution 2005-036 as follows:
Section 2 to read, "A. Local Effort $[27,657,592]27,157,52"
Assembly Members Sprague, Moss and Chay spoke in opposition of the amendment.
Assembly Member Fischer spoke in favor of the amendment to Resolution 2005-036.
VOTE ON MOTION TO AMEND:
Yes: Fischer, Merkes
No: Chay, Glick, Long, Martin, Moss, Sprague, Superman
Absent: None
MOTION TO AMEND FAILED: 2 Yes, 7 No, 0 Absent
VOTE ON MOTION TO ADOPT:
Yes: Chay, Fisher, Glick, Long, Martin, Moss, Sprague, Superman
No: Merkes
Absent: None
MOTION TO ADOPT PASSED: 8 Yes, 1 No, 0 Absent
MOTION: Sprague moved to extend the legislative deadline by one half hour to Midnight.
MOTION PASSED: Unanimous.
(10:47:10) Ordinance 2004-19-47: Appropriating $1,176,940.95 to the Fiscal Year 2005 Road Service Area Capital Improvement Project Fund and Redirecting $75,000 from Previously Authorized Projects to Provide Additional Funding for the New Projects (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2004-19-47.
Assembly Member Moss stated the Finance Committee discussed the ordinance and indicated amendments were forthcoming.
President Superman called for public comment with none being offered.
MOTION TO AMEND: Moss moved to amend Ordinance 2004-19-47 as follows:
Title to read, "Appropriating [$1,176,940.95] $1,114,220.95 to the Fiscal Year 2005 Road Service Area Capital Improvement Project Fund and Redirecting $75,000 from Previously Authorized Projects to Provide Additional Funding for the New Projects"
Section 1. To read, "That funds in the following amounts are appropriated to the road service area capital projects fund.
CENTRAL REGION TOTAL [$346,330.75] $419,330.75: 434.33950.05C03.43011, Community College Drive, [$223,800.00] $288,800.00; 434.33950.05C04.43011, Karen, Lepus, Frostland, [$122,530.75] $130,530.75
SOUTH REGION TOTAL [$358,962.55] $342,962.55: 434.33950.05S04.43011, Out There, Up Here, & Somewhere, [$70,647.25] $54,647.25
EAST REGION TOTAL [$144,060.00] $54,340.00: [434.33950.05E03.43011, FOREST ROAD BRIDGE, $89,720.00]"
MOTION TO AMEND PASSED: Without objection.
MOTION TO ENACT AS AMENDED PASSED: Unanimous.
(10:51:00)
Ordinance 2004-19-48: Accepting and Appropriating a Direct Lump Sum Payment of $2,071,000 from the U.S. Forest Service to Implement the Spruce Bark Beetle Action Plan (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2004-19-48.
Assembly Member Moss stated the Finance Committee discussed Ordinance 2004-19-48 and indicated the purpose of the ordinance was to accept a lump sum payment from the U.S. Forest Service for additional Spruce Bark Beetle mitigation efforts.
President Superman called for public comment with none being offered.
MOTION TO ENACT PASSED: Unanimous.
(10:53:07)
Ordinance 2004-19-49: Accepting and Appropriating a State Grant in the Amount of $45,000 for the Nikiski Community Center Renovations (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2004-19-49.
President Superman called for public comment with none being offered.
MOTION TO ENACT PASSED: Unanimous.
(10:54:32)
Ordinance 2005-05 (Glick) Substitute: 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 Two Hearings) (Referred to Policies and Procedures Committee)
[Clerk's Note: There was a motion to enact on the floor from the March 1, 2005 meeting.]
Assembly Member Chay stated the Policies and Procedures Committee discussed Ordinance 2005-05(Substitute) and he indicated there would be amendments forthcoming.
President Superman called for public comment.
The following person spoke in opposition to Ordinance 2005-05:
Merlin Cordes, 146 E. Fairview, Homer, AK
There being no one else who wished to speak, President Superman closed the public comment period.
MOTION TO AMEND: Moss moved to amend Ordinance 2005-05(SUB) as follows:
Section 1 KPB 5.19.200 to read, "D. Subject to the limitation below, no borough transient occupancy tax shall be imposed to the extent and in the amount that a transient occupancy tax is imposed by a city on the same transaction as is the borough tax. This exemption shall not exceed fifty percent of the borough transient occupancy tax."
Assembly Members Fischer and Merkes spoke in opposition to the amendment.
Assembly Members Long and Martin spoke in favor of the amendment.
VOTE ON MOTION TO AMEND:
Yes: Chay, Glick, Long, Martin, Moss, Sprague
No: Fischer, Merkes, Superman
Absent: None
MOTION TO AMEND PASSED: 6 Yes, 3 No, 0 Absent
MOTION TO POSTPONE: Glick moved to postpone Ordinance 2005-05(SUB) until the next scheduled public hearing date of May 17, 2005.
MOTION TO POSTPONE PASSED: Unanimous.
(11:04:15)
Ordinance 2005-11: Establishing Time, Place, and Manner Restrictions on Sexually Oriented Businesses in the Rural District of the Kenai Peninsula Borough (Martin) (Referred to Lands Committee)
[Clerk's Note: There was a motion to enact on the floor from the April 19, 2005 meeting.]
Assembly Member Merkes stated the Lands Committee discussed Ordinance 2005-11 and that there would be an amendment forthcoming.
President Superman called for public comment with none being offered.
MOTION TO AMEND: Martin moved to amend Ordinance 2005-11 as follows:
Section 1. KPB 1. 21.29.090(A)(3) to read, "A boundary of a local option residential district within the borough or property zoned residential district within a city;"
Section 1. KPB 1. 21.29.090(B) to read, "A permit shall not be granted if there are [12]4 existing residential uses within a 500-foot radius of the proposed SOB on the date the application for SOB permit is made."
MOTION TO AMEND PASSED: Unanimous.
MOTION TO POSTPONE: Sprague moved to postpone Ordinance 2005-11 until the June 21, 2005 meeting.
Assembly Members Long and Chay spoke in favor of postponing Ordinance 2005-11.
VOTE ON MOTION TO POSTPONE:
Yes: Chay, Fisher, Glick, Long, Sprague, Superman
No: Martin, Moss
Absent: None
MOTION TO POSTPONE PASSED: 7 Yes, 2 No, 0 Absent
(11:12:51)
Ordinance 2005-15: Amending KPB 5.18.430 to Delete Subparagraph B, Which Provides that Services Provided on Account are Taxed on a Maximum of $500 for Each Billing Per Account (Chay) (First of Two Hearings) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2005-15.
Assembly Member Moss stated the Finance Committee discussed Ordinance 2005-15 and indicated the purpose of the ordinance was an attempt to create equality in taxation.
President Superman called for public comment with none being offered.
MOTION TO POSTPONE: Moss moved to postpone Ordinance 2005-15 until the next scheduled public hearing date of May 17, 2005.
MOTION TO POSTPONE PASSED: Unanimous.
(11:15:32)
Ordinance 2005-17: Authorizing the Negotiated Sale of a Tax Foreclosure Parcel Previously Retained for Public Purpose (Mayor) (Referred to Lands Committee)
MOTION: Merkes moved to enact Ordinance 2005-17.
President Superman called for public comment with none being offered
MOTION TO AMEND: Merkes moved to amend Ordinance 2005-17 by filling in the blank in the final whereas as follows:
Final Whereas to read, "the KPB Planning Commission at its regularly scheduled meeting of April 11, 2005, recommended enactment by a majority vote;"
MOTION TO AMEND PASSED: Unanimous.
MOTION TO ENACT AS AMENDED PASSED: Unanimous.
(11:18:05)
Ordinance 2005-18: Authorizing Negotiated Leases of Space at the Kenai River Center Building with the State of Alaska, Department of Natural Resources, and the United State Environmental Protection Agency (Mayor) (Referred to Lands Committee)
MOTION: Merkes moved to enact Ordinance 2005-18.
President Superman called for public comment with none being offered.
MOTION TO AMEND: Merkes moved to amend Ordinance 2005-18 by filling in the blank in the final whereas as follows:
Final Whereas to read, "the KPB Planning Commission at its regularly scheduled meeting of April 11, 2005, recommended enactment by unanimous consent;"
MOTION TO AMEND PASSED: Unanimous.
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Long, Martin, Moss, Merkes, Sprague
No: Glick, Fischer, Superman
Absent: None
MOTION TO ENACT AS AMENDED PASSED: 6 Yes, 3 No, 0 Absent
(11:20:00)
Ordinance 2005-19: Appropriating Funds for Fiscal Year 2005-2006 (Mayor) (First of Two Hearings) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2005-19.
Assembly Member Moss stated the Finance Committee discussed Ordinance 2005-19 and participated in the first of three budget work sessions.
President Superman called for public comment.
The following person spoke in opposition to Ordinance 2005-19:
Fred Sturman, PO Box 513, Soldotna, AK
There being no one else who wished to speak, President Superman closed the public comment period.
MOTION TO POSTPONE: Moss moved to postpone Ordinance 2005-19 until the next scheduled public hearing date of May 17, 2005.
MOTION TO POSTPONE PASSED: Unanimous.
(11:24:40)
Ordinance 2005-20: Repealing KPB 2.56.005 and Enacting KPB 2.56.006, Adopting the 2005 Kenai Peninsula Borough Comprehensive Plan (Mayor) (First of Two Hearings) (Referred to Lands Committee)
MOTION: Merkes moved to enact Ordinance 2005-20.
Assembly Member Merkes stated the Lands Committee discussed Ordinance 2005-20 and stated Matt Hastie gave a presentation early in the evening highlighting the changes in the new Comprehensive Plan.
President Superman called for public comment with none being offered.
MOTION TO POSTPONE: Glick moved to postpone Ordinance 2005-20 until the next scheduled public hearing date of May 17, 2005.
MOTION TO POSTPONE PASSED: Unanimous.
(11:27:00)
Resolution 2005-037: Authorizing Award of Contracts for Six, Group A, Road Service Area Capital Improvement Projects (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to adopt Resolution 2005-037.
Assembly Member Moss stated the Finance Committee discussed Resolution 2004-037 and noted the resolution was the companion to Ordinance 2004-19-47.
President Superman opened the public comment period with none being offered.
VOTE ON MOTION TO ADOPT PASSED: Unanimous
NEW BUSINESS (11:30:41)
Request for Formal Assembly Objection to the Renewal of Liquor License for Kenai Joe's in Kenai, Alaska, Because of Unpaid Taxes Due the Borough (Referred to Finance Committee)
MOTION: Moss moved to issue a letter of protest to the Alaska Alcoholic Beverage Control Board regarding the renewal of liquor license for Kenai Joe's in Kenai, Alaska, due to unpaid taxes.
President Superman called for public comment with none being offered.
MOTION TO ISSUE PROTEST PASSED: Unanimous.
PUBLIC COMMENTS AND PUBLIC PRESENTATIONS
Sandy Wassilie, Vice Chair KPBSD, PO Box 1576, Seward, AK thanked the Assembly for adoption of Resolution 2005-036.
ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS (11:32:21)
Budget Work Session #2 was scheduled for May 16, 2005 at 10:00 a.m. in the Assembly Chambers of the Kenai Peninsula Borough Administration Building, Soldotna, Alaska.
ASSEMBLY COMMENTS (11:33:04)
Assembly Member Fischer thanked the City of Seward and congratulated Johni Blankenship on her appointment as Deputy Clerk.
Assembly Member Moss and Martin thanked the City of Seward for its hospitality.
Assembly Member Glick thanked the City of Seward for its hospitality and encouraged the Assembly to participate in the upcoming NACo Webcast.
Assembly Member Sprague congratulated the KPC Graduates and thanked the City of Seward for its hospitality.
Assembly Member Merkes and Long thanked the City of Seward for its hospitality and congratulated Sherry Biggs and Johni Blankenship on their new positions.
President Superman thanked the City of Seward.
Sherry Biggs, Borough Clerk, thanked Jean Lewis and Johanna Dollerhide from the City of Seward for their assistance in hosting the assembly.
ADJOURNMENT (11:40:46)
With no further business to come before the assembly, President Superman adjourned the meeting at 11:41 p.m.
I certify the above represents accurate minutes of the Kenai Peninsula Borough Assembly meeting of May 3, 2005.
Sherry Biggs, Borough Clerk
Approved by Assembly: