CALL TO ORDER

A Regular Meeting of the Kenai Peninsula Borough Assembly was held on February 21, 2006, 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 Envoy Craig Fanning with the Salvation Army in Kenai.

There were present:

Ron Long, Presiding

Dan Chay

Paul Fischer

Deb Germano

Margaret Gilman (arrived at 7:20 p.m.)

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 (07:02:40)

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 items and the Federal Priorities.

APPROVAL OF AGENDA AND CONSENT AGENDA (07:10:15)

MOTION TO APPROVE AGENDAS: Martin 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 added to the consent agenda:

• A Resolution in Memoriam Commending the Dedication and Service to Community of Richard Bogard (Merkes)

The following items were withdrawn by the sponsors from the consent agenda and the regular agenda:

• Resolution 2006-017: Supporting Senate Bill 219 and an Amendment Increasing the Municipal Dividend to Provide a Financial Incentive to Municipalities which Fund School District Operations to the Cap (Gilman, Sprague) (Referred to Legislative Committee)
 
• Ordinance 2005-19-44: Appropriating $500,000 to the Kenai Peninsula Arctic Winter Games 2006 Host Society (Mayor, Merkes) (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.

• February 7, 2006 Regular Assembly Meeting Minutes
• A Resolution Commending Michaela Hutchison as 4A State Wrestling Champion and as the First Female in the Nation to Win a State Individual Title (Fischer)
• A Resolution Commending Eli Hutchison as Four Time 4A State Wrestling Champion and the Only Wrestler in Alaska to Finish His High School Career Undefeated (Fischer)
• A Resolution in Memoriam Commending the Dedication and Service to Community of Richard Bogard (Merkes)
• Resolution 2006-014: Authorizing Award of a Contract for the Purchase of Playground Equipment Modules (Mayor) (Referred to Finance Committee)
• Resolution 2006-015: Establishing Federal Legislative and Funding Priorities for the Year 2006 (Fiscal Year 2007) (Legislative Committee) (Referred to Legislative Committee)
• Resolution 2006-016: Support for the Kenai Peninsula Borough's Revised Coastal Management Plan (Mayor) (Referred to Lands Committee)
• Ordinance 2006-08: Authorizing the Negotiated Sale at Fair Market Value of a 0.6+/- Acre Parcel Located Adjacent to Government Lot 10 U.S. Survey 2789 in Sunrise to Eric and Michelle Holloway (Mayor) (Hearing on 04/04/06) (Referred to Lands Committee)
• Confirming Appointments to the Hope/Sunrise Advisory Planning Commission (Referred to Policies and Procedures Committee)

Todd Bureau Seat E - term expiring September 30, 2008

Shawn A. Butler Seat C - term expiring September 30, 2007

Jonny Gantenbein Seat D - term expiring September 30, 2007

Chuck Graham Seat A - term expiring September 30, 2006

Cornelia Beth Kaser Seat B - term expiring September 30, 2006

Dave Scanlan Seat F - term expiring September 30, 2008

Jim Skogstad Seat G - term expiring September 30, 2008

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

AGENDAS APPROVED AS AMENDED: Unanimous.

COMMENDING RESOLUTIONS AND PROCLAMATIONS

Assembly Member Fischer read aloud a resolution commending Michaela Hutchison as 4A State Wrestling Champion and as the first female in the nation to win a state individual title.

Assembly Member Fischer read aloud a resolution commending Eli Hutchison as four time 4A State Wrestling Champion and the only wrestler in Alaska to finish his high school career undefeated.

Assembly Member Merkes presented a resolution in memoriam commending the dedication and service to community of Richard Bogard to his family.

(07:20:55)

PRESENTATIONS WITH PRIOR NOTICE

Tom Boedecker, Central Peninsula General Hospital, Inc. Board Vice President, presented the CPGH quarterly report.

PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA

President Long opened the public comment period.

Tom Patmor, P.O. Box 124, Clam Gulch, addressed the Assembly regarding the need for high speed internet in the Clam Gulch area.

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

REPORTS OF COMMISSIONS AND COUNCILS - None.

MAYOR'S REPORT (07:56:53)

Spruce Bark Beetle Mitigation Program

• Approval of Contract Agreement between KPB and G&H Construction for State ROW Work - Spruce Bark Beetle Mitigation Program
• Approval of Contract with Paul's Service for Sterling Highway SW #1 ROW Project
• Approval of Contract with Precision Milling for Sterling Highway SW #2 ROW Project

Approval of Bid Award to First American Title of Alaska - Kenai, Seward, and Homer/Seldovia Branches for Limited Liability Reports Needed for Real Property Foreclosures

Other

a. Memo from Dave Tressler, Maintenance Director regarding Additional ADA Power Assisted Doors at Homer High School

Revenue-Expenditure Report - 2006

Semi-Annual Reports from Borough Grant Recipients

ITEMS NOT COMPLETED FROM PRIOR AGENDA - None.

PUBLIC HEARINGS ON ORDINANCES

(08:03:25)

Ordinance 2005-19-40: To Recognize Revenue of $625,569 that the Department of Administration, Division of Retirement & Benefits Received from the State of Alaska on Behalf of the Borough to Offset the Increase in PERS for FY2006 (Mayor) (Referred to Finance Committee)

MOTION: Superman moved to enact Ordinance 2005-19-40.

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

(08:04:56)

Ordinance 2005-19-41: Appropriating $42,215 in Central Kenai Peninsula Hospital Service Area Funds for Reimbursement to Central Peninsula General Hospital for Carpet Replacement (Mayor) (Referred to Finance Committee)

MOTION: Superman moved to enact Ordinance 2005-19-41.

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

(08:05:29)

Ordinance 2005-19-42: Appropriating $366,220 of Spruce Bark Beetle Interest Income to Fund a Utility Line Clearing Project with Homer Electric Association (HEA) (Mayor) (Referred to Finance Committee)

MOTION: Superman moved to enact Ordinance 2005-19-42.

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

MOTION TO AMEND: Superman moved to amend Ordinance 2005-19-42 as follows:

Section 1 to read, "That $366,220 in interest income earned by the Spruce Bark Beetle program is appropriated from the Environmental Protection Fund Balance to account 262.21320.06INT.43011 to fund utility right-of-way clearing in the area between [HALIBUT COVE AND JAKOLOF BAY] Tutka Bay and Sadie Cove."

Section 2 to read, "That the mayor is authorized to enter an agreement to pay HEA the above sum of $366,220 for a hazard tree removal project along utility lines between [HALIBUT COVE AND JAKOLOF BAY] Tutka Bay and Sadie Cove."

VOTE ON MOTION TO AMEND:

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

No: None

Absent: None

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

VOTE ON MOTION TO ENACT AS AMENDED:

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

No: None

Absent: None

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

(08:10:56)

Ordinance 2005-19-43: Appropriating $101,614.24 to the Special Assessment Fund for Moose Range Subdivision Natural Gas Line Utility Special Assessment District (Mayor) (Referred to Finance Committee)

MOTION: Superman moved to enact Ordinance 2005-19-43.

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

MOTION TO AMEND: Superman moved to amend Ordinance 2005-19-43 as follows:

4^th Whereas to read, "the assembly [HAS] is scheduled to adopt[ED] Resolution 2006-018, a resolution to proceed with construction; and"

VOTE ON MOTION TO AMEND:

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

No: None

Absent: None

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

VOTE ON MOTION TO ENACT AS AMENDED:

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

No: None

Absent: None

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

(08:14:11)

Ordinance 2006-01: Repealing KPB 21.26 and Enacting KPB Chapter 21.29, Material Site Permits (Long, Martin, Superman) (Final Hearing) (Referred to Lands Committee)

[Clerk's Note: There was a motion to enact on the floor from the February 7, 2006 meeting.]

Assembly Member Martin stated during the Lands Committee, the Planning staff introduced a proposed substitute ordinance for review and summarized the changes within the substitute. Ms. Martin indicated her intent to request postponement of the ordinance until March 14, 2006 in anticipation of the substitute.

President Long opened the public comment period.

The following people suggested amendments to Ordinance 2006-01:

Ina Jones, P.O. Box 15401, Fritz Creek

Cap Shafer, 34481 North Fork Road, Anchor Point

Joanne Collins, P.O. Box 341, Anchor Point

Connie Alderson, P. O. Box 496, Anchor Point

Janette Shafer, 34481 North Fork Road, Anchor Point

Terry Best, P.O. Box 3294, Kenai

Helen Schwert, 72229 North Fork Road, Anchor Point

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

MOTION TO POSTPONE: Martin moved to postpone Ordinance 2006-01 until the March 14, 2006 meeting.

VOTE ON MOTION TO POSTPONE:

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

No: None

Absent: None

Abstain: Merkes

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

(08:53:57)

Ordinance 2006-02: Changing to January 1, 2007, the Effective Date of Sections 2 and 3 in Ordinance 2005-09, Which Would Require Charging Sales Taxes for Recreational Sales on a Per Seat Per Day Basis, if the Voters Support Ordinance 2005-09 in the Referendum Election (Long) (Referred to Policies and Procedures Committee)

MOTION: Chay moved to enact Ordinance 2006-02.

Assembly Member Chay stated the ordinance was intended to create a time interval between the election and the next quarterly tax period.

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

VOTE ON MOTION TO ENACT:

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

No: None

Absent: None

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

(08:59:10)

NEW BUSINESS

Resolution 2006-018: To Proceed with the Moose Range Subdivision Utility Special Assessment District for a Natural Gas Main Line (Mayor) (Referred to Finance Committee)

MOTION: Superman moved to adopt Resolution 2006-018.

Assembly Member Superman stated the resolution was a companion to Ordinance 2005-19-43 and would initiate a notice to proceed with the construction of a natural gas mainline in the Moose Range Subdivision.

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

VOTE ON MOTION TO ADOPT:

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

No: None

Absent: None

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

(09:00:39)

PUBLIC COMMENTS AND PUBLIC PRESENTATIONS

Mitch Michaud, 44135 Shirley Way, Soldotna, thanked Gary Davis, KPB Road Director, for his quick response regarding icy road issues in his area.

(09:01:48)ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS

• The next meeting of the Kenai Peninsula Borough Assembly was scheduled for March 14, 2006, at 7:00 p.m. in the Assembly Chambers of the Borough Administration Building in Soldotna, Alaska.

(09:02:07)

ASSEMBLY COMMENTS

Assembly Member Fischer wished everyone an enjoyable time during the Arctic Winter Games and stated he would be out of town.

Assembly Member Martin gave her condolences to Mike Chenault for the loss of his mother, Helen Chenault. She encouraged her fellow assembly members to reach out to all members of the legislature regarding school district funding.

Assembly Member Gilman thanked the Borough Administration and the School District Administration for facilitating a joint work session earlier in the day. She extended her best wishes to all the participants and volunteers of the Arctic Winter Games.

Assembly Member Superman mentioned the untimely deaths of Nikiski residents Curt Morris, Ruth Tauriainen, and Sharon Traughber and offered his condolences to their families.

Assembly Member Merkes expressed her anticipation for the upcoming Arctic Winter Games and encouraged all borough residents to participate.

Assembly Member Chay gave his best wishes to those Assembly members who were traveling to Washington D.C., hoped the Arctic Winter Games were a success, and extended his condolences to the families in Nikiski who experienced the recent loss of loved ones.

Assembly Member Germano also thanked the Borough Administration and the School District Administration for their work during the joint work session with the School Board and expressed her gratitude for the candid conversation.

Vice President Sprague wished everyone the best during the Arctic Winter Games and stated his regret in missing the games while he traveled to Washington D. C. on behalf of the borough. He encouraged everyone to check out the Borough's website, stating it contained a wealth of information.

President Long announced he would not be able to attend the March 14, 2006 meeting. He stated he was still waiting for clerk evaluation forms which were due on March 1, 2006, and requested assembly members to adhere to that deadline. He congratulated Borough Clerk Sherry Biggs for being accepted into the Master Municipal Clerk's Academy.

ADJOURNMENT (09:18:08)

With no further business to come before the assembly, President Long adjourned the meeting at 9:18 p.m.

I certify the above represents accurate minutes of the Kenai Peninsula Borough Assembly meeting of February 21, 2006.