Assembly meeting minutes

Kenai Peninsula Borough

Assembly Meeting Minutes

September 20, 2005 - 7:00 p.m. Regular Meeting -Homer, Alaska

CALL TO ORDER

A Regular Meeting of the Kenai Peninsula Borough Assembly was held on September 20, 2005, in the City Council Chambers, Homer City Hall, Homer, 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 President Superman.

There were present:

Gary Superman, Presiding

Dan Chay

Betty Glick

Paul Fischer

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 (7:02:00)

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

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

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

APPROVAL OF AGENDA AND CONSENT AGENDA (7:11:30)

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.

MOTION: Sprague moved to suspend the rules and move Ordinance 2005-13 to the last item of business under New Business.

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.

August 16, 2005 Board of Equalization Minutes
September 6, 2005 Regular Assembly Meeting Minutes
Resolution 2005-082: Authorizing Award of a Contract for the Homer Landfill Closure Design (Mayor) (Referred to Finance Committee)
Resolution 2005-087: Authorizing Award of a Contract for a Combination Fire Safety/Sprinkler Trailer (Mayor) (Referred to Finance Committee)
Resolution 2005-083: Accepting the Transfer of Responsibility for the Planning, Design, and Construction of Transportation-Related Improvements, Including Improvements to the Skyview Trails System (Mayor) (Referred to Policy and Procedures Committee)

[Clerk's Note: Technical amendments were made to Resolution 2005-083 as follows: Title to read, "[ACCEPTING] Requesting the Transfer of Responsibility for the Planning, Design, and Construction of Transportation-Related Improvements, Including Improvements to the Skyview Trails System." Final Whereas to read, "AS 35.15.080 requires that the governing body [ACCEPT] request the transfer of responsibility by resolution."]

Resolution 2005-084: Appointing an Assembly Representative to the Kenai Peninsula College Council (Superman) (Referred to Policy and Procedures Committee)
Resolution 2005-085: Authorizing an Extension of the South Peninsula Hospital Property Lease (Mayor) (Referred to Lands Committee)

[Clerk's Note: Technical amendments were made to Resolution 2005-085 as follows: 6^th Whereas to read, "a [31] 36-year extension of the original lease term would provide the borough with more substantial interest in the property to better justify expenditures for the expansion project; and" and Section 2 to read, "That the agreement described in Section 1 above shall provide for a [31] 36-year extension of the original terms, and all other terms of the amended lease shall remain in effect."]

Resolution 2005-086: In Support of Maintaining a Strong and Reliable Escort Fleet and Preserving the Practice of Requiring Two Escorts, as Currently Practiced, for all Laden Tankers Transiting Prince William Sound (Chay, Merkes) (Referred to Policy and Procedures Committee)
Ordinance 2005-19-28: Accepting and Appropriating a State Grant in the Amount of $175,000 for the Youth Facility in the North Peninsula Recreation Service Area (Mayor) (Hearing 11/01/05) (Referred to Finance Committee)
Ordinance 2005-19-29: Accepting and Appropriating Fifteen State Grants Totaling $2,438,651 for School Projects (Mayor) (Hearing 11/01/05) (Referred to Finance Committee)
Ordinance 2005-19-30: Accepting and Appropriating a Western States Wildland Urban Interface Grant from the Alaska Department of Natural Resources, Division of Forestry, in the Amount of $175,750 for Developing Community Wildfire Protection Plans (Mayor) (Hearing 11/01/05) (Referred to Finance Committee)
Ordinance 2005-43: Amending KPB 2.40.030 to Delete the Provision Authorizing the Borough Mayor to Vote on Planning Commission Actions in the Case of a Tie (Mayor) (Hearing 11/01/05) (Referred to Policy and Procedures Committee)
Approval of Election Board Officials for the October 4th, 2005 Regular Municipal Election (Referred to Policy and Procedures Committee)
Confirming Appointments to the KPB Road Service Area Board (Referred to Policy and Procedures Committee)

Appointment Board Seat Term Expires

Joe Ross At-Large September 30, 2008

John Bonk At-Large September 30, 2008

President Superman called for public comment on consent agenda items with none being offered.

AGENDAS APPROVED AS AMENDED: Unanimous.

(7:19:07)

COMMENDING RESOLUTIONS AND PROCLAMATIONS

Mayor Bagley presented a Proclamation to Jim Brady declaring the month of October 2005 as Disability Employee Awareness Month and the week of October 16-22, 2005 as Disability Mentoring Week.

PRESENTATIONS WITH PRIOR NOTICE

Mike Gracz with the Kenai Watershed Forum presented the new wetland map as shown on the Kenai Peninsula Borough Website and gave a brief summary of the development of the map and the collaboration with the borough.

PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (7:38:43)

President Superman opened the public comment period.

Tim Navarre, PO Box 92, Kenai, AK, thanked Chris Moss for serving on the Assembly.

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

REPORTS OF COMMISSIONS AND COUNCILS - None.

MAYOR'S REPORT (7:41:20)

Agreement and Contracts

Spruce Bark Beetle Mitigation Program

Approval of Contract with Precision Milling for Rogers Road Slash Removal Project
Approval of Contract with Aardvark Excavating, Inc. for Sterling Elementary Septic System Replacement

c. Approval of Contract with McLane Consulting, Inc. for Storm Water Pollution Prevention Plan for Snug Harbor Pit #2 in Cooper Landing

Approval of Contract with McLane Consulting, Inc. for Surveying, Platting and Relocate to Vacate LaCross Way

Approval of Contract with Rozak Excavating & Consulting, Inc. for Delivery of Aggregate Material to Central Peninsula Landfill
Approval of Contract with Mity-Lite of Orem, Utah for purchase of Furniture for Nikiski Community Recreation Center

ITEMS NOT COMPLETED FROM PRIOR AGENDA - None.

PUBLIC HEARINGS ON ORDINANCES

(7:41:30)

Ordinance 2005-19-19: Accepting and Appropriating Five Fire Assistance Grants from the Alaska Department of Natural Resources (Mayor) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2005-19-19.

Assembly Member Moss stated the grants would be utilized for fire fighting equipment and training.

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

MOTION TO AMEND: Moss moved to amend Ordinance 2005-19-19 as follows:

Section 2 to read, "That grant funds are appropriated to the fire fighting rescue equipment accounts for the service areas as follows: $3,550 to Account 209.51420.6RFA2[1].48514, APFSA Fund"

MOTION TO AMEND PASSED: Unanimous.

VOTE ON MOTION TO ENACT AS AMENDED:

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

No: None

Absent: None

MOTION TO ENACT AS AMENDED PASSED: 9 Yes, 0 No, 0 Absent

(7:44:24)

Ordinance 2005-19-21: Accepting and Appropriating a State Grant in the Amount of $75,000 for a Water Tender for Kachemak Emergency Service Area (Mayor) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2005-19-21.

Assembly Member Moss stated the water tender was one of the Borough's Legislative funding priorities.

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

VOTE ON MOTION TO ENACT:

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

No: None

Absent: None

MOTION TO ENACT PASSED 9 Yes, 0 No, 0 Absent

(7:46:08)

Ordinance 2005-19-25: Accepting and Appropriating a State Grant in the Amount of $40,000 for Access and Improvements to Tsalteshi Trail System (Mayor) (Referred to Finance Committee)

Ordinance 2005-19-25 (Substitute): Accepting and Appropriating a State Grant in the Amount of $40,000 for Transportation-Related Work Associated with the 2006 Arctic Winter Games (Mayor) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2005-19-25.

Assembly Member Moss stated the grant money would be used for upgrading the existing lighting and provide for additional infrastructure on the Tsalteshi Trails System.

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

MOTION TO AMEND: Glick moved to amend Ordinance 2005-19-25 by substitution.

MOTION TO AMEND BY

SUBSTITUTION PASSED: Unanimous.

VOTE ON MOTION TO ENACT SUBSTITUTE:

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

No: None

Absent: None

MOTION TO ENACT SUBSTITUTE PASSED: 9 Yes, 0 No, 0 Absent

(7:48:03)

Ordinance 2005-19-27: Appropriating $18,000 for a Communications Center Operating Cost Analysis (Mayor) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2005-19-27.

Assembly Member Moss stated the money would be used to analyze and allocate the cost between all the services that would be using the Communications Center.

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

VOTE ON MOTION TO ENACT:

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

No: None

Absent: None

MOTION TO ENACT PASSED: 9 Yes, 0 No, 0 Absent

(7:52:37)

Ordinance 2005-38: Amending Kenai Peninsula Borough Title 16 to Authorize Certain Volunteers to Serve on their Respective Service Area Boards (Mayor) (Referred to Policies and Procedures Committee)

MOTION: Chay moved to enact Ordinance 2005-38.

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

MOTION TO POSTPONE: Chay moved to postpone Ordinance 2005-38 until the November 1, 2005 meeting.

VOTE ON MOTION TO POSTPONE:

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

No: None

Absent: None

MOTION TO POSTPONE PASSED: 9 Yes, 0 No, 0 Absent

(7:54:54)

Ordinance 2005-41: Authorizing an Amendment to the Sublease and Operating Agreement with South Peninsula Hospital, Inc. Authorizing it to Enter into Certain Short-Term Rental Agreements (Martin) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2005-41.

Assembly Member Moss stated the ordinance would allow for temporary housing rentals for visiting doctors and nurses.

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

MOTION TO AMEND: Moss moved to amend Ordinance 2005-41 as follows:

Final Whereas to read, "at its meeting of September 8, 2005 the South Peninsula Hospital SAB recommended enactment;"

Section 1 to read, "That the administration is hereby authorized to amend the sublease and operating agreement for South Peninsula Hospital entered the 8th day of April 2003 between the Kenai Peninsula Borough on behalf of the South Peninsula Hospital Service Area Board (Lessor) and the South Peninsula Hospital, Inc. ("SPHI"), Lessee, by revising paragraph 4(A) as follows:

To operate a non-profit hospital, including inpatient and outpatient hospital services, personal care attendant services, inpatient long term care services, home and community-based health care services, preventive medical care and wellness programs, and health education programs within the service area in accordance with state, federal and local laws. SPHI may lease property off premises that is needed for hospital purposes, subject to SAB approval by resolution, provided that intermittent rentals for housing temporary staff that do not exceed four weeks duration and a total dollar amount of $1,500 per unit rented will not require prior approval of the SAB if the SAB does not meet after the need is known and before rental is needed. SPHI shall provide the SAB with copies of all such rental agreements at the next regularly scheduled SAB meeting."

MOTION TO AMEND PASSED: Unanimous.

VOTE ON MOTION TO ENACT AS AMENDED:

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

No: None

Absent: None

MOTION TO ENACT AS AMENDED PASSED: 9 Yes, 0 No, 0 Absent

(7:59:30)

Ordinance 2005-42: Non-Objection to Certain Volunteer Fire Departments being Recognized by the State as Volunteer Fire Departments to Provide Fire Protection in the Kenai Peninsula Borough (Mayor, Martin) (Referred to Policies and Procedures Committee)

MOTION: Merkes moved to enact Ordinance 2005-42.

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

VOTE ON MOTION TO ENACT:

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

No: None

Absent: None

MOTION TO ENACT PASSED: 9 Yes, 0 No, 0 Absent

(8:10:23)

Ordinance 2005-13: Amending KPB 21.26.030 (A)(3) to Clarify Conditions for Material Site Permits (Chay) (Referred to Lands Committee)

[Clerk's Note: There was a motion to enact on the floor from the August 2, 2005 meeting.]

Assembly Member Merkes stated she had a conflict of interest as she co-owns a gravel pit with her husband. President Superman declared a conflict did exist and Assembly Member Merkes abstained from voting on Ordinance 2005-13.

President Superman called for public comment.

The following people spoke in support of Ordinance 2005-13:

Rick Foster, PO Box 3328, KPB Planning Commission, Homer, AK

Merriam Warrington, 72229 North Fork Road, Anchor Point, AK

Helen Schwert, 72229 North Fork Road, Anchor Point, AK

Melvin Harbort, PO Box 21, Anchor Point, AK

Earl Breyfogle PO Box 496, Anchor Point, AK

Steve Ebbert, PO Box 1938, Anchor Point, AK

Connie Alderson, PO Box 221, Anchor Point, AK

Gary Williams, 34595 Silverweed Street, Soldotna, AK

Steve Chmielowiec, PO Box 795, Anchor Point, AK

John Rate, PO Box 2169, Homer, AK

Ann Bayes, PO Box 575, Anchor Point, AK

David Anderson, Birch Haven Court, Anchor Point, AK

Bob Shavelson, Executive Director of Cook Inlet Keeper

Howard Manseur, PO Box 1091, Anchor Point, AK

The following people spoke in opposition to Ordinance 2005-13:

Ina Jones, PO Box 15401, Fritz Creek, AK

John Glanville, 41420 Sterling Highway, Homer, AK

Raymond Drake, PO Box 23, Anchor Point, AK

Ruby Kime, Alice Avenue, Anchor Point, AK

Broch Shafer, PO Box 1052, Anchor Point, AK

Cap Shafer, 34481 N. Fork Road, Anchor Point, AK

Brad Drake, PO Box 23, Anchor Point, AK

Jeanette Shafer, PO Box 1052, Anchor Point, AK

(9:53:05)

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

MOTION TO AMEND: Chay moved to amend Ordinance 2005-13 as follows:

Add a new Section 3 to read, "amend KPB 21.25.030 Definition by adding the following:

Compelling means convincing

Reasonable means being in accord with reason, fairness, duty or prudence; to an appropriate degree or kind; supported or justified by fact or circumstance."

Assembly Members Martin and Sprague spoke in opposition to the amendment.

President Superman passed the gavel to Vice President Long. President Superman spoke in opposition to the amendment. Vice President Long returned the gavel.

Vice President Long spoke in opposition to the amendment.

VOTE ON MOTION TO AMEND:

Yes: None

No: Chay, Fischer, Glick, Long, Martin, Moss, Sprague, Superman

Absent: None

Abstained: Merkes

MOTION TO AMEND FAILED: 0 Yes, 8 No, 0 Absent, 1 Abstention

MOTION TO AMEND: Chay moved to amend Ordinance 2005-13 as follows:

Section 1 to read, "Aquifer disturbance. Material site uses shall be conducted in a manner that minimizes disturbing an aquifer. [Except as provided in this subsection, all conditional land use permits shall be issued with a condition which prohibits any material extraction within 100 feet of any individual's existing water source and which limits material extraction between 100 feet and 300 feet of any individual's existing water source to no deeper than two feet above the seasonal high groundwater table.] The quantity and quality of an aquifer serving other property must not be negatively impacted by the material site. Before a Conditional Land Use Permit (CLUP) has been issued, the permit applicant will provide convincing evidence to show that material extraction will not negatively impact the quantity and quality of an aquifer serving other properties. This may require supporting data and a statement under seal from a duly licensed and [CERTIFIED HYDROLOGIST] qualified independent civil engineer or professional hydrogeologist stating that material site development will not negatively impact the quantity and quality of an aquifer serving other properties. An exemption may be granted by the planning commission upon a demonstration of extenuating circumstances if the contractor posts a bond in an amount approved by the planning commission for liability for the potential accrued damages. Material may be extracted from an aquifer provided there is no dewatering either by pumping, ditching or some other form of draining unless an exemption is acquired from the planning commission. The exemption for dewatering may be granted if the operator provides a statement under seal and supporting data from a duly licensed and qualified independent civil engineer, that the dewatering will not lower any of the surrounding property's water systems and the contractor posts a bond for liability for potential accrued damages. Counter permits are exempt from this standard."

VOTE ON MOTION TO AMEND:

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

No: None

Absent: None

Abstained: Merkes

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

MOTION TO AMEND: Chay moved to amend Ordinance 2005-13 as follows:

Section 2 KPB 21.26.030(8) to read, "Additional permit conditions. The planning commission may use information gathered by the planning director, by engineering, hydrology, and ecology professionals, or otherwise gathered in the application process to set enforceable conditions as a minimum basis for granting a Conditional Land Use Permit. This is intended to enable the planning commission to address circumstances unique to any particular application or situation."

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

Assembly Member Chay spoke in support of the amendment.

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

Section 2 KPB 21.26.030(8) to read,"Additional permit conditions. The planning commission may use information gathered by the planning director, by engineering, hydrology, and ecology professionals, or otherwise gathered in the application process to set [ENFORCEABLE] conditions [AS A MINIMUM BASIS] for granting a Conditional Land Use Permit. [THIS IS INTENDED TO ENABLE THE PLANNING COMMISSION TO ADDRESS CIRCUMSTANCES UNIQUE TO ANY PARTICULAR APPLICATION OR SITUATION.]"

Assembly Members Glick and Chay spoke in support of the secondary amendment.

VOTE ON SECONDARY AMENDMENT:

Yes: Chay, Fischer, Glick, Martin, Moss, Sprague, Superman

No: Long

Absent: None

Abstained: Merkes

SECONDARY AMENDMENT PASSED: 7 Yes, 1 No, 0 Absent, 1 Abstention

VOTE ON MAIN MOTION AS AMENDED:

Yes: Chay, Fischer, Glick, Moss, Sprague

No: Long, Martin, Superman

Absent: None

Abstained: Merkes

MAIN MOTION AS AMENDED PASSED: 5 Yes, 3 No, 0 Absent, 1 Abstention

MOTION TO AMEND: Martin moved to amend Ordinance 2005-13 as follows:

Section 1 to read, "The quantity and quality of an aquifer serving other property must not be negatively impacted by the material site. Before a Conditional Land Use Permit (CLUP) has been issued, the [BURDEN IS ON THE] permit applicant will [TO] provide [REASONABLE AND COMPELLING] convincing evidence to show that material extraction will not negatively impact the quantity and quality of an aquifer servicing other properties."

VOTE ON MOTION TO AMEND:

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

No: None

Absent: None

Abstained: Merkes

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

MOTION TO POSTPONE: Long moved to postpone Ordinance 2005-13 until the November 1, 2005 meeting.

President Superman passed the gavel to Vice President Long. President Superman spoke in support of postponing the ordinance. Vice President Long returned the gavel.

Assembly Members Fischer and Martin spoke in support of postponement.

VOTE ON MOTION TO POSTPONE:

Yes: Fischer, Glick, Long, Martin, Sprague, Superman

No: Chay, Moss

Absent: None

Abstained: Merkes

MOTION TO POSTPONE PASSED: 6 Yes, 2 No, 0 Absent, 1 Abstention

(11:14:51)

UNFINISHED BUSINESS (Postponed Items)

Resolution 2005-067: Authorizing the Mayor, on Behalf of the Kachemak Emergency Service Area, to Enter into an Agreement with the City of Homer to Provide Fire and Emergency Medical Services (Martin, Mayor) (Referred to Finance Committee)

[Clerk's Note: There was a motion to adopt on the floor from the July 12, 2005 meeting.]

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

MOTION TO POSTPONE: Moss moved to postpone Resolution 2005-067 until the November 1, 2005 meeting.

VOTE ON MOTION TO POSTPONE:

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

No: None

Absent: None

MOTION TO POSTPONE PASSED: 9 Yes, 0 No, 0 Absent

PUBLIC COMMENTS AND PUBLIC PRESENTATIONS

Ann Bayes, PO Box 575, Anchor Point, AK, thanked the Assembly for their service to the public and especially thanked Chris Moss for his service to the residents of Homer.

(11:16:20)

ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS

The Kenai Peninsula Borough Board of Adjustment was scheduled to meet September 21, 2005 at 9:00 a.m. in the Islands and Ocean Visitor Center in Homer, Alaska.
The next meeting of the Kenai Peninsula Borough Assembly was scheduled for October 11, 2005, at 7:00 p.m. in the Assembly Chambers of the Borough Administration Building in Soldotna, Alaska.

ASSEMBLY COMMENTS

(11:16:21)

Assembly Member Martin thanked the City of Homer for hosting dinner for the Assembly.

Assembly Member Sprague thanked the City of Homer for their hospitality and the great weather.

Assembly Member Chay thanked his fellow Assembly Members for their hard work for Ordinance 2005-13.

Vice President Long thanked the City of Homer for hosting the Assembly. He further gave a special thanks to Chris Moss.

Assembly Member Moss thanked the assembly for their kind words and for his birthday cake. He expressed his gratitude in being able to serve his community on the Assembly.

ADJOURNMENT (11:23:14)

With no further business to come before the assembly, President Superman adjourned the meeting at 11:30 p.m.

I certify the above represents accurate minutes of the Kenai Peninsula Borough Assembly meeting of September 20, 2005.

Sherry Biggs, Borough Clerk

Approved by Assembly: