CALL TO ORDER

A Regular Meeting of the Kenai Peninsula Borough Assembly was held on November 15, 2005, in the Borough Administration Building, Assembly Chambers, Soldotna, Alaska. 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 John Rysdyk from the Soldotna Bible Chapel in Soldotna.

There were present:

Ron Long, Presiding

Dan Chay

Deb Germano

Margaret Gilman

Paul Fischer

Milli Martin

Grace Merkes

Pete Sprague

Gary Superman

comprising a quorum of the assembly.

Also in attendance were:

John Williams, Borough Mayor

Colette Thompson, Borough Attorney

Sherry Biggs, Borough Clerk

Johni Blankenship, Deputy Clerk

COMMITTEE REPORTS (7:06:33)

Assembly Member Superman said the Finance Committee met and discussed its brief agenda.

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

Assembly Member Sprague stated the Legislative Committee met and discussed its agenda consisting of Legislative Priorities. He stated they also discussed the AML Annual Meeting which took place in Anchorage last week and he announced that Ron Long was named "Elected Municipal Official of the Year." President Long noted changes to Committee appointments.

APPROVAL OF AGENDA AND CONSENT AGENDA (7:16:08)

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

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:

• Resolution 2005-097: Supporting a Trails and Recreational Access of Alaska (TRAAK) Grant Application for Funding Improvements to Jacobs Ladder Drive (Mayor) (Referred to Finance Committee)

The following items were added to the consent agenda:

• A Resolution Commending the Homer High School Girls Swim Team as the 2005 Region III Champions (Martin)
• Resolution 2005-100: Authorizing the Mayor, on Behalf of the Kachemak Emergency Service Area, to Enter a Corrected Agreement with the City of Homer to Provide Fire and Emergency Medical Services (Martin, Mayor) (Referred to Finance Committee)

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.

• November 1, 2005 Regular Assembly Meeting Minutes
• A Resolution Commending the Homer High School Girls Swim Team as the 2005 Region III Champions (Martin)
• Resolution 2005-098: Authorizing the Acceptance of Late-Filed Senior Citizen and Disabled Veteran Exemption Applications (Mayor) (Referred to Policies and Procedures Committee)
• Resolution 2005-099: Confirming the Appointments of Assembly Members to Non-Borough Committees and Boards (Long) (Referred to Policies and Procedures Committee)

[Clerk's Note: There was a technical amendment made to Resolution 2005-099, Section 1 to read, "That the appointments listed below are confirmed as follows:

Arctic Winter Games Host Society Cook Inlet Aquaculture

    Grace Merkes Deborah Germano

    Margaret Gilman, Alternate Ron Long, Alternate"]

• Resolution 2005-100: Authorizing the Mayor, on Behalf of the Kachemak Emergency Service Area, to Enter a Corrected Agreement with the City of Homer to Provide Fire and Emergency Medical Services (Martin, Mayor) (Referred to Finance Committee)
• Appointment of Administrative Officer and Alternate Administrative Officer (Mayor) (Referred to Policies and Procedures Committee)
• Approval of 2006 Assembly Meeting Schedule (Long) (Referred to Policies and Procedures Committee)

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

AGENDAS APPROVED AS AMENDED: Unanimous.

(7:20:27)

COMMENDING RESOLUTIONS AND PROCLAMATIONS

Assembly Member Martin read aloud a resolution commending the Homer High School Girls and Boys Swim Teams as the 2005 Region III Champions.

(7:26:35)

PRESENTATIONS WITH PRIOR NOTICE

CPGH, Inc. Board President, Loretta Flanders, presented the Central Peninsula General Hospital, Inc. Quarterly Report.

Sherman C. "Red" Smith addressed the assembly regarding the United States Constitution, the Alaska State Constitution, and Oaths of Office.

PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (7:53:00)

President Long opened the public comment period.

Kathy Phillips, 310 Phillips Drive, Kenai and Neil DuPerron, 516 Maple Drive, Kenai, introduced themselves as chair and vice chair, respectively, of the Central Kenai Peninsula Hospital Service Area Board.

Robert Picard, P.O. Box 812, Anchor Point, Alaska, addressed the Assembly and the Mayor regarding the cost of the proposed Nikolaevsk fire truck building and the borough's bid award process.

Marty Anderson, 36696 Kimball Court, Sterling, addressed the Assembly regarding his involvement with an ad in the newspaper supporting Wayne Wong for School Board during the 2005 Regular Election season.

Nels Anderson, 303 Diane Lane, Soldotna, also spoke about his involvement with the newspaper ad supporting Wayne Wong for School Board during the 2005 Regular Election season.

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

REPORTS OF COMMISSIONS AND COUNCILS - None.

MAYOR'S REPORT (8:14:50)

Mayor Williams introduced Ken Lancaster whom he appointed to head up his transition team. He stated the transition team would be presenting a three year plan for the borough, to the Assembly within the next 45 days. He also announced a town hall meeting to be held at City Hall in Homer on Monday, November 21, 2005 at 6:00 p.m. regarding the South Peninsula Hospital expansion project and invited the Assembly and the public to attend. He summarized the Tri-Borough Commission and stated its purpose and focus for the futures of the Kenai Peninsula Borough, the Mat-Su Borough and the Anchorage Municipality.

Spruce Bark Beetle Mitigation Program

• Approval of Contract with Doug Koch Professional Tree Services for Old Sterling Highway #5 ROW Project
• Approval of Contract with Doug Koch Professional Tree service for Old Sterling Highway #4 ROW Project
• Approval of Contract with East Road Services for Old Sterling Highway #6 ROW Project

Approval of Contract with Frigid North Services for Snow Plowing & Sanding - McNeil Canyon Station

ITEMS NOT COMPLETED FROM PRIOR AGENDA - None.

PUBLIC HEARINGS ON ORDINANCES

(8:29:42)

Ordinance 2005-19-31: Accepting and Appropriating Two State Grants Totaling $460,000 for School Equipment and Supplies (Mayor) (Referred to Finance Committee)

MOTION: Superman moved to enact Ordinance 2005-19-31.

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

VOTE ON MOTION TO ENACT:

Yes: Chay, Fischer, Germano, Gilman, Martin, Long Merkes, Sprague, Superman

No: None

Absent: None

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

UNFINISHED BUSINESS - None

NEW BUSINESS

Resolution 2005-097: Supporting a Trails and Recreational Access of Alaska (TRAAK) Grant Application for Funding Improvements to Jacobs Ladder Drive (Mayor) (Referred to Finance Committee)

MOTION: Superman moved to adopt Resolution 2005-097.

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

Mayor Williams gave a grant and project overview and expressed his belief that the project was not viable at this time and requested the resolution be tabled or defeated.

MOTION TO AMEND: Superman moved to amend Resolution 2005-097 as follows:

Final Whereas to read, "at its regularly scheduled meeting of November 8, 2005, the road service area board recommended adoption by unanimous consent;

MOTION TO AMEND PASSED: Unanimous.

Assembly Members Superman, Merkes and Martin spoke in favor of Resolution 2005-097.

Assembly Member Germano spoke in opposition to Resolution 2005-097.

VOTE ON MOTION TO ADOPT AS AMENDED:

Yes: Fischer, Martin, Merkes, Superman, Long

No: Chay, Gilman, Germano, Sprague

Absent: None

MOTION TO ADOPT AS AMENDED PASSED: 5 Yes, 4 No, 0 Absent

PUBLIC COMMENTS AND PUBLIC PRESENTATIONS

(8:56:27)

ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS

• The next meeting of the Kenai Peninsula Borough Assembly was scheduled for December 6, 2005, at 7:00 p.m. in the Assembly Chambers of the Borough Administration Building in Soldotna, Alaska.

ASSEMBLY COMMENTS

(8:56:44)

Assembly Member Germano thanked the Assembly for another early evening. She also thanked Representative Mike Chenault for his support of the School District and Borough.

Assembly Member Merkes summarized the community meeting in Sterling. She thanked Representative Chenault for his service to the Kenai Peninsula Borough. She asked Ms. Thompson to clarify if playground equipment could be considered a capital project priority, and if so, would that funding be considered an over the cap contribution. Ms. Thompson stated it would not count against the cap funding.

Assembly Member Chay wished everyone a happy holiday season.

Assembly Member Sprague wished everyone a Happy Thanksgiving.

Assembly Member Martin gave a brief summary of the community meeting in Anchor Point and announced the upcoming community meetings in the Homer area on Thursday, November 17, 2005. She also asked Borough Attorney Colette Thompson if a capital project requested by Anchor Point for a safety trail expected to cost over $1 million was approved as a capital project, who would be voting on it. Ms. Thompson stated the borough would first have to determine if they had the proper powers, and if so, the question would be asked of the voters boroughwide.

Assembly Member Superman stated his exception to the tone from the School Board member who implied the Assembly did not have the right to question the actions of School Board members or to investigate potential violations of the Open Meetings Act. He further stated his disappointment that none of the School Board members seized the opportunity to lobby against Propositions 4 and 5 in light of the fact that no organization will suffer more than the school district with the passage of the those propositions.

Assembly Member Long thanked the people of the borough for sending the Assembly to the Alaska Municipal League conference in Anchorage and thanked the Clerk's Office for their work on the capital projects community meetings. He further thanked Representative Chenault for all his efforts in Juneau on behalf of the borough.

Mayor Williams wished everyone a Happy Thanksgiving.

ADJOURNMENT (9:13:02)

With no further business to come before the assembly, President Long adjourned the meeting at 9:13 p.m.

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