Kenai Peninsula Borough

Assembly Meeting Minutes

December 6, 2005 - 7:00 p.m. Regular Meeting -Soldotna, Alaska

CALL TO ORDER

A Regular Meeting of the Kenai Peninsula Borough Assembly was held on December 6, 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 Phil Edgerly from the Reflection Lake Chapel in Kasilof.

There were present:

Ron Long, Presiding

Dan Chay

Paul Fischer

Deb Germano

Margaret Gilman

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 (7:03:00)

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

Assembly Member Martin stated the Lands 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.

(7:21:20)

MOTION: Sprague moved to direct the Assembly President, working in conjunction with KPB Roads Director, to request the Alaska Department of Transportation & Public Facilities reinstate certain roads and projects which have been removed from the STIP list.

MOTION PASSED: Unanimous.

APPROVAL OF AGENDA AND CONSENT AGENDA (7:21:41)

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 were moved from the consent agenda to the regular agenda:

Assembly Member Merkes stated she may have a conflict with the petition to vacate currently on the consent agenda as she was related to the petitioner. With no objection, President Long ruled that Ms. Merkes was not the property owner and did not have a conflict of interest.

The following items were added 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.

[Clerk's Note: The following technical amendments were made to Resolution 2005-103: 8th Whereas to read, "this project was a 2004-2006 STIP project for which anticipated funding of $900,000 for design and $18,100,000 for right-of-way, utilities, and construction was not ultimately provided, although $23,000 has been expended in some initial design of the reconstruction; and" add a new Section 2 to read, "That copies of this resolution shall be provided to Governor Frank Murkowski, the Alaska Department of Transportation and Public Facilities, Attention Alaska State Transportation Improvement Program; and all members of the Alaska legislative delegation representing the Kenai Peninsula Borough." and renumber the existing Section 2 to Section 3.]

[Clerk's Note: The following technical amendments were made to Resolution 2005-106: Title to read, "A Resolution Opposing the Alaska Department of Environmental Conservation's Proposal to Allow Increased Mixing Zones in Spawning Areas and Supporting an Alternative Proposal as Supported by the City of Soldotna in its Resolution 2005-074", Section 1 to read, "That the Kenai Peninsula Borough Assembly opposes the Alaska Department of Environmental Conservation's proposal to allow increased mixing zones in spawning areas[, EXCEPT]. However, it supports the alternative proposal submitted by the City of Soldotna in its Resolution 2005-074, which allows for the renewal of mixing zone permits [FOR] in areas [WITH] for which mixing zone permits have already been issued and where spawning beds have developed after issuance of the initial permit." Section 2 to read, "That copies of this resolution be sent to Governor Frank H. Murkowski; Commissioner Kurt Fredriksson, Alaska Department of Environmental Conservation; Commissioner [KEVIN DUFFY] McKie Campbell, Department of Fish & Game; Commissioner Michael Menge, Department of Natural Resources; Representatives Mike Chenault, Kurt Olson, Paul Seaton, Mike Hawker, Woodie Salmon; and Senators Tom Wagoner, Gary Stevens, Con Bunde and Albert Kookesh.]"

Anchor Point Advisory Planning Commission

Earl Breyfogle Seat B - term expiring 09/30/08

Cooper Landing Advisory Planning Commission

Karl W.J. Romig Seat F - term expiring 09/30/06

Moose Pass Advisory Planning Commission

Ann Whitmore-Painter Seat A - term expiring 09/30/08

Todd Petersen Seat B - term expiring 09/30/08

Jeanne Camp KPB Employee - term expiring 12/31/07

President Long called for public comment on consent agenda items.

Ruby Kime, 64955 Alice Avenue, Ninilchik, AK addressed the Assembly regarding Ordinance 2005-19-36 and the confirmation of Rachel Parra as the New Recreation Director for the North Peninsula Recreation Service Area.

President Long passed the gavel to Vice President Sprague.

Sue True, 28714 Cohoe Loop, Kasilof, AK, addressed the Assembly in support of Resolution 2005-102 on behalf of the Kenai Soil and Water and the Farm Service.

Vice President Sprague returned the gavel to President Long.

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

AGENDAS APPROVED AS AMENDED: Unanimous.

Borough Clerk Sherry Biggs swore in Rachel Parra as the North Peninsula Recreation Service Area Director and Craig Chapman as the Kenai Peninsula Borough Finance Director.

(7:48:58)

COMMENDING RESOLUTIONS AND PROCLAMATIONS

Assembly Member Sprague read aloud a resolution commending the Pop Warner Soldotna Saints Mighty-Mite Football Team as the 2005 State Champions.

Assembly Member Long read aloud a resolution in memoriam commending the contributions and commitments of Margaret Branson.

(7:57:30)

PRESENTATIONS WITH PRIOR NOTICE

Marty Anderson, P O Box 366, Sterling, AK addressed the assembly regarding comments made by assembly members at the October 11, 2005 meeting and he asked the following questions:

PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (8:02:14)

President Long opened the public comment period.

James Price, 49185 Island Lake Road, addressed the Assembly regarding Ordinances 2005-09 and in opposition to Ordinance 2005-37.

Ruby Kime, 64955 Alice Avenue, Ninilchik, addressed the Assembly regarding Ordinance 2005-37.

Joe Conners, Sterling, addressed the Assembly regarding taxation on the sports fishing industry.

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

REPORTS OF COMMISSIONS AND COUNCILS - None.

MAYOR'S REPORT (8:14:09)

Agreement and Contracts

Spruce Bark Beetle Mitigation Program:

Approval of Contract with Barrie B. Lowe, P. E. for Moose Pass School Water System

Approval of Contract with J&R Service for Ice Hockey Rink Maintenance at Soldotna Elementary and Soldotna and Skyview High Schools

Approval of Contract with Rider Hunt Levett & Bailey Ltd. for Professional Estimating and Analysis Services for South Peninsula Hospital Expansion Project

2. Other

a. Kenai Peninsula Small Business Development Center Quarterly Report - Fourth Quarter - July 1, 2005 through September 30, 2005

Revenue - Expenditure Report - October 2005

Budget Revisions - October 2005

Mayor Williams announced the following dates of interest:

Mayor Williams gave a brief summary of his trip to Anchorage where he meet with Governor Murkowski regarding funding for the 2006 Arctic Winter Games.

ITEMS NOT COMPLETED FROM PRIOR AGENDA - None.

PUBLIC HEARINGS ON ORDINANCES

(8:28:24)

Ordinance 2005-19-32: Accepting and Appropriating a Grant from the U.S. Department of Homeland Security in the Amount of $33,155 for Equipment for Kachemak Emergency Service Area (Mayor) (Referred to Finance Committee)

Ordinance 2005-19-32 (Mayor) Substitute: Accepting and Appropriating a Grant from the U.S. Department of Homeland Security in the Amount of $33,155 and Appropriating Local Funding of $9,845 for Equipment for Kachemak Emergency Service Area (Mayor) (Referred to Finance Committee)

MOTION: Superman moved to enact Ordinance 2005-19-32.

Assembly Member Superman stated the grant required a five percent match and would be used for basic start up equipment for the Kachemak Emergency Service Area. He further stated a substitute ordinance would be presented for assembly consideration.

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

MOTION TO AMEND: Martin moved to amend Ordinance 2005-19-32 by substitution.

MOTION TO AMEND PASSED: Unanimous.

VOTE ON MOTION TO ENACT SUBSTITUTE:

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

No: None

Absent: None

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

(8:33:45)

Ordinance 2005-19-33: Accepting and Appropriating a Grant in the Amount of $187,406 from the Alaska Division of Homeland Security and Emergency Management for Relocating Kasilof River Road (Mayor) (Referred to Finance Committee)

MOTION: Superman moved to enact Ordinance 2005-19-33.

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

VOTE ON MOTION TO ENACT:

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

No: None

Absent: None

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

(8:36:23)

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 08/02/05 meeting.]

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

MOTION: Chay moved to postpone Ordinance 2005-13 until the February 7, 2006 meeting.

VOTE ON MOTION TO POSTPONE:

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

No: None

Absent: Fischer

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

(8:39:22)

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)

[Clerk's Note: There was a motion on the floor from the September 20, 2005 meeting.]

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

MOTION TO POSTPONE: Chay moved to postpone Ordinance 2005-38 until the February 7, 2006 meeting.

VOTE ON MOTION TO POSTPONE:

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

No: None

Absent: None

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

(8:41:57)

Ordinance 2005-44: Replacing the Flat Tax with an Ad Valorem Tax on Certain Watercraft in Excess of 100 Feet in Length (Sprague) (Referred to Finance Committee)

MOTION: Superman moved to enact Ordinance 2005-44.

President Long opened the public comment period.

The following people spoke in opposition to Ordinance 2005-44:

Kip Knudson, External Affairs Manager, Tesoro Alaska Company, P. O. Box 196272, Anchorage, AK

Judy Brady, Executive Director, Alaska Oil and Gas Association, 121 W. Fireweed Lane, Suite 207, Anchorage, AK

Dan Grove, Kenai Chapter President, The Alliance, 360 West Benson Blvd., Suite 200, Anchorage, AK

Ruby Kime, 64955Alice Avenue, Ninilchik, AK

The following person spoke in support of Ordinance 2005-44:

William Keller, 39035 Alma Avenue, Soldotna, AK

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

Assembly Member Sprague spoke in support of Ordinance 2005-44.

Assembly Members Gilman and Martin spoke in opposition to Ordinance 2005-44.

MOTION TO POSTPONE: Martin moved to postpone Ordinance 2005-44 until the February 7, 2006 meeting.

Assembly Member Germano spoke in support of postponement and requested the administration to provide fiscal impact information if the ordinance was successfully postponed.

Assembly Members Superman and Merkes spoke in opposition to postponement.

VOTE ON MOTION TO POSTPONE:

Yes: Chay, German, Martin, Sprague

No: Fischer, Gilman, Merkes, Superman, Long

Absent: None

MOTION TO POSTPONE FAILED: 4 Yes, 5 No, 0 Absent

Assembly Members Superman, Chay, Germano and Merkes spoke in opposition to Ordinance 2005-44.

Assembly Member Sprague spoke in support of Ordinance 2005-44.

VOTE ON MOTION TO ENACT:

Yes: Sprague

No: Chay, Fischer, Germano, Gilman, Martin, Merkes, Superman, Long

Absent: None

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

(9:26:36)

Ordinance 2005-45: Amending KPB 5.12.105(D) to Require Late Property Tax Exemption Applications from Senior Citizens and Disabled Veterans to be Filed During the Tax Year for Which the Exemption is Sought (Sprague) (Referred to Policies and Procedures Committee)

MOTION: Chay moved to enact Ordinance 2005-45.

President Long opened the public comment period.

The following person spoke in opposition of Ordinance 2005-45:

William Keller, 39035 Alma Avenue, Soldotna, AK

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

MOTION TO AMEND: Sprague moved to amend Ordinance 2005-45 as follows:

Section 1 to read, "That KPB 5.12.105(D) is hereby amended as follows:

5.12.105. Real property tax--Exemptions--Senior citizens, disabled veterans and surviving spouses thereof.

D. No exemption under this section may be granted except upon written application on a form prescribed by the assessor. The applicant/owner must file the application no later than January 15 of the tax year for which the exemption is sought. A qualified senior citizen or disabled veteran need not file such an application for successive tax years if there is no change in ownership, no change in permanent place of abode by the owner of record, or no change in status of disability if the owner is a disabled veteran. Exemption applications filed after January 15 of the tax year must be accompanied by a signed affidavit stating the reason for the late filing. If a qualified senior citizen or disabled veteran files an untimely application, the assembly may, for good cause shown, waive the claimant's failure to make timely application and authorize the Assessor to accept the application as if timely filed. A late application must be filed during the tax year for which the exemption is sought. However, the application, whether timely filed or filed after a grant of extension of time to file, may be held open for consideration through the following two years if eligibility for the exemption is contingent upon a determination of by another entity. If a failure to timely file has been waived and the application for exemption is approved, the amount of tax that the claimant has already paid, if any, for the year the property would have been eligible for exemption shall be refunded to the claimant."

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

Section 1 to read, "That KPB 5.12.105(D) is hereby amended as follows:

5.12.105. Real property tax--Exemptions--Senior citizens, disabled veterans and surviving spouses thereof.

D. No exemption under this section may be granted except upon written application on a form prescribed by the assessor. The applicant/owner must file the application no later than January 15 of the tax year for which the exemption is sought. A qualified senior citizen or disabled veteran need not file such an application for successive tax years if there is no change in ownership, no change in permanent place of abode by the owner of record, or no change in status of disability if the owner is a disabled veteran. Exemption applications filed after January 15 of the tax year must be accompanied by a signed affidavit stating the reason for the late filing. If a qualified senior citizen or disabled veteran files an untimely application, the assembly may, for good cause shown, waive the claimant's failure to make timely application and authorize the Assessor to accept the application as if timely filed. A late application must be filed during the tax year for which the exemption is sought. However, the application, whether timely filed or filed after a grant of extension of time to file, may be held open for consideration through the following [TWO] three years if eligibility for the exemption is contingent upon a determination of by another entity. If a failure to timely file has been waived and the application for exemption is approved, the amount of tax that the claimant has already paid, if any, for the year the property would have been eligible for exemption shall be refunded to the claimant."

VOTE ON SECONDARY AMENDMENT:

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

No: Germano, Gilman

Absent: None

SECONDARY AMENDMENT PASSED: 7 Yes, 2 No, 0 Absent

MAIN MOTION AS AMENDED PASSED: Unanimous.

Assembly Member Merkes spoke in opposition to Ordinance 2005-45.

MOTION TO AMEND: Merkes moved to amend Ordinance 2005-45 as follows:

Title to read, "An Ordinance Amending KPB 5.12.105(d) to Require Late Property Tax Exemption Applications from Senior Citizens and Disabled Veterans to Be Filed Not More Than Two Years after the Original Deadline [DURING THE TAX YEAR FOR WHICH THE EXEMPTION IS SOUGHT]"

Section 1 5.12.105 (D) to read, "No exemption under this section may be granted except upon written application on a form prescribed by the assessor. The applicant/owner must file the application no later than January 15 of the tax year for which the exemption is sought. A qualified senior citizen or disabled veteran need not file such an application for successive tax years if there is no change in ownership, no change in permanent place of abode by the owner of record, or no change in status of disability if the owner is a disabled veteran. Exemption applications filed after January 15 of the tax year must be accompanied by a signed affidavit stating the reason for the late filing. If a qualified senior citizen or disabled veteran files an untimely application, the assembly may, for good cause shown, waive the claimant's failure to make timely application and authorize the Assessor to accept the application as if timely filed. A late application must be filed not more than [THREE] two years after the original deadline for filing the application [DURING THE TAX YEAR FOR WHICH THE EXEMPTION IS SOUGHT]. If a failure to timely file has been waived and the application for exemption is approved, the amount of tax that the claimant has already paid, if any, for the year the property would have been eligible for exemption shall be refunded to the claimant."

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

VOTE ON MOTION TO AMEND:

Yes: Fischer, Merkes

No: Chay, Germano, Gilman, Martin, Sprague, Superman, Long

Absent: None

MOTION TO AMEND FAILED: 2 Yes, 7 No, 0 Absent

VOTE ON MOTION TO ENACT AS AMENDED:

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

No: Merkes

Absent: None

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

UNFINISHED BUSINESS - None

NEW BUSINESS (9:55:00)

Resolution 2005-104: Supporting a Recreation Trails Grant Program Application for Funding Improvements to Jacobs Ladder Drive (Mayor) (Referred to Finance Committee)

MOTION: Superman moved to adopt Resolution 2005-104.

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

Assembly Member Germano spoke in opposition to Resolution 2005-104.

MOTION TO ADOPT:

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

No: Germano

Absent: None

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

(10:03:00)

Resolution 2005-105: Supporting Reopening the 1991 Civil Settlement from the Exxon Valdez Oil Spill and Claiming the Full $100 Million for Mitigation of Unanticipated Long-term Harm (Martin) (Referred to Policies & Procedures Committee)

MOTION: Martin moved to adopt Resolution 2005-105.

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

Assembly Member Martin spoke in support of Resolution 2005-105.

President Long passed the gavel to Vice President Sprague. President Long spoke in opposition to Resolution 2005-105. Vice President Sprague returned the gavel.

MOTION TO AMEND: Sprague moved to amend Resolution 2005-105 as follows:

Section 3 to read, "That copies of this resolution shall be sent to Governor Frank Murkowski, Senator Thomas Wagoner, Senator Gary Stevens, Senator Con Bunde, Senator Albert Kookesh, Representative Woodie Salmon, Representative Mike Hawker, Representative Mike Chenault, Representative Kurt Olson, Representative Paul Seaton, U.S. Attorney Timothy M. Burgess and Department of Natural Resources Commissioner Michael Menge."

MOTION TO AMEND PASSED: Unanimous.

MOTION TO AMEND: Sprague moved to amend Resolution 2005-105 by deleting the 4th through 10th whereas clauses and Section 2 in its entirety as follows:

[WHEREAS, UNFORESEEN DAMAGE INCLUDES DELAYED RECOVERY OF 5-6 YEARS FOR PINK SALMON; ABOUT 8 YEARS FOR BLACK OYSTERCATCHERS AND RIVER OTTERS; AND 15 OR MORE YEARS FOR MUSSEL BEDS AND BEACH COMMUNITIES, SEA OTTERS, AND FISH EATING ORCAS (FROM SLOW REPLACEMENT OF LOSSES AFTER SPILL); AND]

[WHEREAS, UNFORESEEN DAMAGE INCLUDES SPECIES NOT RECOVERED AFTER 15 OR MORE YEARS SUCH A HARLEQUIN DUCKS, PACIFIC HERRING, PIGEON GUILLEMOTS, HARBOR SEALS (FROM SPILL LOSSES AND IMPAIRED REPRODUCTION RATE DUE TO HIGH BODY BURDENS OF PCBS); AND]

[WHEREAS, UNFORSEEN DAMAGE INCLUDES INDIRECT EFFECTS TO SPECIES LIKE BLACKLEGGED KITTIWAKES THAT WERE NOT INITIALLY HARMED BY THE SPILL, BUT WERE HARMED THROUGH SPILL RELATED LOSS OF PREY SPECIES SUCH AS PACIFIC HERRING; AND]

[WHEREAS, THE SEVERITY AND DURATION OF THE IMPACT THIS OIL SPILL WOULD HAVE ON THE NATIVE VILLAGES IN KACHEMAK BAY, AS WELL AS THE ENTIRE COASTLINE OF THE KENAI PENINSULA EXTENDING SOUTH FROM SEWARD TO THE WEST SIDE OF THE KENAI PENINSULA WAS NOT, AND COULD NOT HAVE REASONABLY BEEN KNOWN AS THE ABOVE-DESCRIBED EFFECTS ON SPECIES HAVE DRASTICALLY DAMAGED THESE AREAS AND THE NATIVE VILLAGE LIFESTYLE, ECONOMICS AND POPULATIONS; AND]

[WHEREAS, ALL OF THESE LONG-TERM DAMAGES FROM OIL WERE COMPLETELY UNANTICIPATED AT THE TIME OF SETTLEMENT BECAUSE THE UNDERSTANDING OF OIL TOXICITY THEN HELD THAT OIL ONLY CAUSED SHORT-TERM HARM AT WATER LEVELS OF PARTS PER MILLION, WHILE SCIENTISTS NOW REALIZE THAT OIL ALSO CAUSES LONG-TERM HARD AT WATER LEVELS OF PART PER BILLION AND TRILLION; AND]

[WHEREAS, MUCH OF THE DOCUMENTED UNFORESEEN DAMAGE STEMS FROM UNEXPECTEDLY HIGH LEVELS OF SPILLED OIL THAT REMAINS BURIED IN THE INTERTIDAL ZONE, WHICH NOAA SCIENTISTS NOW ESTIMATE WILL TAKE AT LEAST ANOTHER 20 YEARS TO NATURALLY DEGRADE; AND]

[WHEREAS, BECAUSE OF THE SCIENTIFIC FINDING THAT OIL IS MORE TOXIC THAN PREVIOUSLY THOUGHT, IT IS CRITICAL TO EDUCATE THE PUBLIC AS TO THIS FINDING AND TAKE MEASURES TO REDUCE RISK OF SPILLS AS WELL AS TO MITIGATE LINGERING HARM; AND]

[SECTION 2. THAT THE KENAI PENINSULA BOROUGH ASSEMBLY HEREBY REQUESTS THAT THE US JUSTICE DEPARTMENT AND THE STATE OF ALASKA CONSIDER, AT A MINIMUM, THE FOLLOWING POTENTIAL MITIGATION PROJECTS:

A. MITIGATION OF LINGERING HARM

1. MONITOR WEATHERING AND TOXICITY OF RESIDUAL OIL UNDER BEACHES;

2. MONITOR RECOVERY OF, AND OIL CONTAMINATION IN, SUBSISTENCE FOODS ON OILED BEACHES;

3. CONTINUE TO MONITOR SPECIES THAT HAVE NOT YET RECOVERED;

4. ESTABLISH AND COMPENSATE FOR

COST OF UNFORESEEN INJURY TO SPECIES.

5. CONDUCT A FEASIBILITY STUDY AND COHORT EPIDEMIOLOGY STUDY ON CLEANUP WORKERS WHOSE HEALTH MAY HAVE BEEN IMPAIRED BY THE EVOS CLEANUP;

6. STUDY OF TREATED AND UNTREATED BEACHES TO DETERMINE IF ANY TREATMENT METHODS USED DURING THE EVOS CLEANUP ACTUALLY WORKED, I. E., IMPROVED RECOVERY OF BEACH ECOLOGY OVER THE LONG TERM.

B. PUBLIC EDUCATION

1. FUND AN ASSESSMENT OF INJURED RESOURCES THROUGH THE NATIONAL RESEARCH COUNCIL;

2. FUND A REVIEW AND ASSESSMENT OF OIL SPILL CLEANUP PRODUCTS THAT ARE NOT TOXIC TO HUMANS OF THE ENVIRONMENTAL THROUGH THE NATIONAL RESEARCH COUNCIL;

3. DEVELOP AND IMPLEMENT NATIONAL EDUCATION PROGRAMS ON NEW UNDERSTANDING THAT OIL IS MORE TOXIC THAN PREVIOUSLY THOUGHT TO HUMANS AND THE ENVIRONMENT (LIKE TOBACCO INDUSTRY SETTLEMENT).

C. MEASURES TO REDUCE THE RISK OF LARGE SPILLS:

1. ENDOW CITIZEN OVERSIGHT COUNCIL FOR THE TRANS-ALASKA PIPELINE SYSTEM (ESTIMATED COST $25 MILLION).]

Renumber the existing Sections 3 and 4 to 2 and 3 respectively.

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

MOTION TO AMEND: (Secondary) Martin moved to amend the amendment by retaining the following as the new 4th and 5th whereas clauses:

4th Whereas to read, "Whereas, the severity and duration of the impact this oil spill would have on the native villages in Kachemak Bay, as well as the entire coastline of the Kenai Peninsula extending south from Seward to the west side of the Kenai Peninsula was not, and could not have reasonably been known as the above-described effects on species have drastically damaged these areas and the native village lifestyle, economics and populations; and"

5th Whereas to read, "Whereas, all of these long-term damages from oil were completely unanticipated at the time of settlement because the understanding of oil toxicity then held that oil only caused short-term harm at water levels of parts per million, while scientists now realize that oil also causes long-term hard at water levels of part per billion and trillion; and"

VOTE ON SECONDARY AMENDMENT:

Yes: Chay, Germano, Gilman, Martin, Sprague

No: Fischer, Merkes, Superman, Long

Absent: None

SECONDARY AMENDMENT PASSED: 5 Yes, 4 No, 0 Absent

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

Section 1 to read, "That the Kenai Peninsula Borough Assembly hereby requests the United States Department of Justice and the State of Alaska to reopen the 1991 civil settlement [AND CLAIM THE ENTIRE $100 MILLION] for costs associated with mitigation projects; and"

Title to read, "A Resolution Supporting Reopening the 1991 Civil Settlement from the Exxon Valdez Oil Spill [AND CLAIMING THE FULL $100 MILLION] for Costs Associated with Mitigation of Unanticipated Long-term Harm"

VOTE ON SECONDARY MOTION:

Yes: Fischer, Gilman, Superman, Long

No: Chay, Germano, Martin, Merkes, Sprague

Absent: None

SECONDARY AMENDMENT FAILED: 4 Yes, 5 No, 0 Absent

VOTE ON MAIN MOTION AS AMENDED:

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

No: Fischer, Gilman

Absent: None

MAIN MOTION AMENDED PASSED: 7 Yes, 2 No, 0 Absent

MOTION TO ADOPT AS AMENDED:

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

No: Fischer, Gilman

Absent: None

MOTION TO ADOPT AS AMENDED PASSED: 7 Yes, 2 No, 0 Absent

(10:32:55)

Resolution 2005-107: Deleting the Assistant to the Mayor and Establishing a Chief of Staff in the Office of the Mayor (Mayor) (Referred to Policies & Procedures Committee)

MOTION: Chay moved to amend Resolution 2005-107.

President Long opened the public comment period.

The following person spoke in opposition to Resolution 2005-107:

Ruby Kime, 64955 Alice Avenue, Ninilchik, AK

Betty Glick, P. O. Box 528, Kenai, AK provided written testimony which President Long read aloud.

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

Assembly Members Martin, Merkes, Germano and Sprague spoke in opposition to Resolution 2005-107.

Assembly Member Gilman spoke in support of Resolution 2005-107.

MOTION TO POSTPONE: Fischer moved to postpone Resolution 2005-107 until the February 7, 2006 meeting.

VOTE ON MOTION TO POSTPONE:

Yes: Fischer, Merkes, Martin, Superman

No: Chay, Gilman, Germano, Sprague, Long

Absent: None

MOTION TO POSTPONE FAILED: 4 Yes, 5 No, 0 Absent

MOTION TO AMEND: Martin moved to amend Resolution 2005-107 as follows:

Add a new Section 3 to read, "This position will sunset with election of a new mayor."

Renumber the existing Section 3 to Section 4.

Assembly Members Merkes, Sprague and Germano spoke in opposition to the amendment.

Assembly Member Chay spoke in support of the amendment and the resolution.

VOTE ON MOTION TO AMEND:

Yes: Martin, Gilman, Chay

No: Fischer, Germano, Merkes, Sprague, Superman, Long

Absent: None

MOTION TO AMEND FAILED: 3 Yes, 6 No, 0 Absent

MOTION: Merkes moved to extend the legislative deadline by one half hour to Midnight.

MOTION PASSED: Unanimous.

MOTION TO POSTPONE: Fischer moved to postpone Resolution 2005-107 until the February 7, 2005 meeting.

Assembly Members Gilman and Superman spoke in opposition to postponement.

President Long passed the gavel to Vice President Sprague. President Long stated the Assembly could either vote the resolution up or down as the Assembly did not have the authority to change the classification or job description. Vice President Sprague returned the gavel to President Long.

VOTE ON MOTION TO POSTPONE:

Yes: Fischer

No: Chay, Germano, Gilman, Martin, Merkes, Sprague, Superman, Long

Absent: None

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

MOTION TO ADOPT:

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

No: Fischer, Sprague

Absent: None

MOTION TO ADOPT PASSED: 7 Yes, 2 No, 0 Absent

(11:18:25)

Resolution 2005-108: Establishing a Methodology for Apportioning the Personal Property Tax on Vessels Over 100 Feet in Length (Sprague) (Referred to Finance Committee)

MOTION: Superman moved to adopt Resolution 2005-108.

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

Assembly Member Sprague stated with the failure of Ordinance 2005-44, the resolution was no longer pertinent and he requested the assembly vote in opposition to Resolution 2005-108.

MOTION TO ADOPT:

Yes: None

No: Chay, Fischer, Germano, Gilman, Martin, Merkes, Sprague, Superman, Long

Absent: None

MOTION TO ADOPT FAILED: 0 Yes, 9 No, 0 Absent

(11:21:48)

Ordinance 2005-50: Authorizing a Land Conveyance to the City of Soldotna of a 10-Acre Borough Parcel on W. Redoubt to Support a City Cemetery (Sprague) (Hearing on 01/03/06) (Referred to Lands Committee)

MOTION: Martin moved to introduce Ordinance 2005-50 and set for public hearing on January 3, 2006.

President Long opened the public comment period.

The following person spoke in opposition to Ordinance 2005-50.

Ruby Kime, 64955 Alice Avenue, Ninilchik, AK

The following person spoke in support of Ordinance 2005-50.

Jim Fassler, 35265 Cheechako News Drive, Soldotna, AK

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

VOTE ON MOTION TO INTRODUCE

AND SET FOR PUBLIC HEARING:

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

No: None

Absent: None

MOTION TO INTRODUCE AND

SET FOR PUBLIC HEARING PASSED: 9 Yes, 0 No, 0 Absent

(11:21:48)

Ordinance 2005-51: Ordering a Special Election to Hold a Referendum Vote to Determine Whether or Not to Repeal Ordinance 2005-09, Which Enacted Certain Revenue Enhancement Measures (Long) (Hearing on 01/03/06) (Referred to Policies & Procedures Committee)

MOTION: Chay moved introduce Ordinance 2005-51 and set for public hearing on January 3, 2006.

MOTION TO AMEND: Martin moved to amend Ordinance 2005-51 by substitution.

MOTION TO AMEND BY

SUBSTITUTION PASSED: Unanimous.

President Long opened the public comment period.

The following people spoke in opposition to Ordinance 2005-51:

Joe Conners, 38050 Great Land St., Sterling, AK

James Price, 49185 Island Lake Road, Nikiski, AK

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

President Long passed the gavel to Vice President Sprague. President Long spoke in support of introduction of Ordinance 2005-51(Long) Substitute and setting it for public hearing. Vice President Sprague returned the gavel.

VOTE ON MOTION TO INTRODUCE SUBSTITUTE

AND SET FOR PUBLIC HEARING:

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

No: Fischer, Merkes

Absent: None

MOTION TO INTRODUCE SUBSTITUTE AND

SET FOR PUBLIC HEARING PASSED: 7 Yes, 2 No, 0 Absent

(11:50:50)

PUBLIC COMMENTS AND PUBLIC PRESENTATIONS

Joe Conners, 38050 Great Land St., Sterling, AK, addressed the Assembly regarding Ordinance 2005-51.

(11:55:36)

ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS

(11:56:37)

ASSEMBLY COMMENTS

Assembly Member Fischer wished everyone a Merry Christmas and a Happy New Year.

Assembly Member Martin wished everyone a Merry Christmas and a Happy Hanukkah.

Assembly Member Gilman wished a Merry Christmas to all.

Assembly Member Merkes everyone a Merry Christmas.

Assembly Member Chay wished everyone Happy Holidays.

Assembly Member Sprague stated, traditionally, Merry Christmas to all and to all a good night.

Assembly Member Long wished everyone Happy Holidays and a Merry Christmas.

ADJOURNMENT (11:57:21)

With no further business to come before the assembly, President Long adjourned the meeting at 11:57 p.m.

I certify the above represents accurate minutes of the Kenai Peninsula Borough Assembly meeting of December 6, 2005.



Sherry Biggs, Borough Clerk

Approved by Assembly: