| Kenai Peninsula Borough
Assembly Meeting Minutes |
| March 14, 2006 - 7:00 p.m. Regular Meeting - Soldotna, Alaska |
A Regular Meeting of the Kenai Peninsula Borough Assembly was held on March 14, 2006, in the Borough Administration Building, Assembly Chambers, Soldotna, Alaska. Vice President Sprague 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 Steve Brown with the New Life Assembly in Kenai.
There were present:
Pete Sprague, Presiding
Dan Chay
Deb Germano
Margaret Gilman
Milli Martin
Grace Merkes
Gary Superman
comprising a quorum of the assembly.
Absent:
Paul Fischer (excused)
Ron Long (excused)
Also in attendance were:
Tim Navarre, Chief of Staff
Colette Thompson, Borough Attorney
Sherry Biggs, Borough Clerk
Johni Blankenship, Deputy Clerk
COMMITTEE REPORTS (07:02:17)
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 upcoming Roads Policy Work Shop in Homer on April 5-6, 2006.
MOTION: Superman moved to authorize travel for Pete Sprague to attend the Western Interstate Region Annual Conference in Sacramento, CA, scheduled for May 10-12, 2006. Travel costs up to $1,000 will be reimbursed by the Alaska Municipal League.
MOTION PASSED: Without objection.
APPROVAL OF AGENDA AND CONSENT AGENDA (7:18:22)
MOTION TO APPROVE AGENDAS: Merkes moved for the approval of the agenda and consent agenda.
Vice President Sprague called for additions, corrections or deletions to the agenda or consent agenda.
The following item was moved from the regular agenda to the consent agenda:
Business Name License Location
Kings Inn Hotel, Restaurant, Lounge, LLC Kenai
Alaskalanes Kenai
One Stop Kenai
Moose Pass Inn Moose Pass
The following items were moved from the consent agenda to the regular 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: A technical amendment was made to Resolution 2006-027 as follows: Section 1 to read, "That the Kenai Peninsula Borough Assembly supports and endorses the passage of House Bill 415, as currenly written."]
Business Name License Location
Kings Inn Hotel, Restaurant, Lounge, LLC Kenai
Alaskalanes Kenai
One Stop Kenai
Moose Pass Inn Moose Pass
[Clerk's Note: The Planning Commission approved the above referenced vacation by unanimous consent at its regularly scheduled February 27, 2006 meeting.]
Vice President Sprague called for public comment on consent agenda items.
Dave Brann, P.O. Box 1901, Homer, addressed the Assembly in support of Resolution 2006-027.
There being no one else who wished to speak the public comment period was closed.
AGENDAS APPROVED AS AMENDED: Without objection.
COMMENDING RESOLUTIONS AND PROCLAMATIONS
Assembly Member Sprague read aloud a resolution commending Jay Hakkinen for making U.S. Olympic history in the Biathlon events.
Assembly Member Superman presented Joe Arness with a resolution in memoriam commending the contributions and commitments of James (Jim) Arness.
(7:41:23)PRESENTATIONS WITH PRIOR NOTICE
Vicki Pate, P.O. 7447, Nikiski, and Ruby Kime, 64955 Alice Avenue, Ninilchik, representing the Alliance for Concerned Taxpayers (ACT), presented a 120-Day Report in rebuttal to Mayor Williams 60-Day Report.
Caleb Slemmons, representing the Homer Soil and Water Conservation District, gave a presentation in titled "Invasive and Noxious Weeds Taking Root on the Peninsula."
PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA
Vice President Sprague opened the public comment period with none being offered.
REPORTS OF COMMISSIONS AND COUNCILS - None.
MAYOR'S REPORT (8:31:34)
1. Agreements and Contracts
a. Spruce Bark Beetle Mitigation ProgramApproval of Contract with Paul's Services for K-Beach South #1 ROW Project
Approval of Contract with G&S Construction for K-Beach South #2 ROW Project
b. Approval of Contract with William Doolittle/9-1-1 Insight for Professional Services for Soldotna Dispatch Center Transition
c. Approval of Contract with RSA Engineering, Inc. for Kachemak Emergency Service Area Electrical Generatord. Approval of Agreement between KPB and Hope Sunrise Volunteer Fire Department for use of Portable Radio Equipment
2. Other
a. Letter from Governor Frank H. Murkowski and Attached State of the Budget Speech dated Jan 12, 2006
b. Report from Borough Grant Recipient - Cook Inlet Salmon Brandc. Award - KPB Emergency Service Map Books
d. Memorandum from Shane Horan, Director of Assessing, Regarding Expenditure of Funds in FY06 Dedicated to Field Devices
e. Proposed Time-Line for Proposed Heritage Place Acquisition
ITEMS NOT COMPLETED FROM PRIOR AGENDA - None.
PUBLIC HEARINGS ON ORDINANCES
(8:42:26)
Ordinance 2005-38 (Martin) Substitute: Amending KPB Title 16 to Authorize Certain Volunteers to Serve on their Respective Service Area Boards (Martin) (Referred to Policies and Procedures Committee)
[Clerk's Note: Motion to enact was on the floor from the February 7, 2006 meeting.]
Assembly Member Chay stated the ordinance attempted to resolve potential problems in outlying areas where service area board members would have a conflict when serving as volunteers for the service area as well as serving on the board.
Vice President Sprague opened the public comment period with none being offered.
MOTION TO POSTPONE: Martin moved to postpone Ordinance 2005-38 (Martin) Substitute until the April 4, 2006 meeting.
Vice President Sprague passed the gavel to President Pro Tem Superman and spoke against postponement. President Pro Tem Superman returned the gavel to Vice President Sprague.
Assembly Member Martin spoke in support of postponement.
VOTE ON MOTION TO POSTPONE:
Yes: Chay, Gilman, Martin, Merkes, Superman
No: Germano, Sprague
Absent: Fischer, Long
MOTION TO POSTPONE PASSED: 5 Yes, 2 No, 2 Absent
(8:49:20)
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)
Ordinance 2006-01 (Martin) Substitute: Repealing KPB Chapter 21.26 and Enacting KPB Chapter 21.29, Material Site Permits (Martin) (Referred to Lands Committee)
[Clerk's Note: There was a motion to enact on the floor from the February 7, 2006 meeting.]
Vice President Sprague opened the public comment period.
The following people spoke in opposition to Ordinance 2006-01 (Martin) Substitute as written:
Ina Jones, P.O. Box 15401, Homer
Terry Cowart, P. O. Box 783, Kasilof
Earl Breyfogle, P.O. Box 496, Anchor Point
Helen Schwert, 72229 North Fork Road, Anchor Point
Ann Bayes, P.O. Box 575, Anchor Point
There being no one else who wished to speak, the public comment period was closed.
MOTION TO AMEND: Martin moved to amend Ordinance 2006-01 by substitution and set additional public hearings on April 4 and 18, 2006.
VOTE ON MOTION TO AMEND BY SUBSTITUTION:
Yes: Chay, Germano, Gilman, Martin, Superman, Sprague
No: None
Absent: Fischer, Long
Abstention: Merkes
MOTION TO AMEND BY
SUBSTITUTION PASSED: 6 Yes, 0 No, 2 Absent, 1 Abstention
MOTION TO POSTPONE: Martin moved to postpone Ordinance 2006-01 (Martin) Substitute until the next scheduled hearing on April 4, 2006.
VOTE ON MOTION TO POSTPONE:
Yes: Chay, Germano, Gilman, Martin, Superman, Sprague
No: None
Absent: Fischer, Long
Abstain: Merkes
MOTION TO POSTPONE PASSED: 6 Yes, 0 No, 2 Absent, 1 Abstention
(9:22:00)
Ordinance 2006-03: Adopting the National Incident Management System (NIMS) (Mayor) (Referred to Policies and Procedures Committee)
MOTION: Chay moved to enact Ordinance 2006-03.
Assembly Member Chay stated the ordinance would adopt the National Incident Management System (NIMS) which arose from a Federal directive encouraging Federal, State and local agencies to coordinate their approaches to emergency management.
Vice President Sprague opened the public comment period with none being offered.
MOTION TO AMEND: Chay moved to amend Ordinance 2006-03 as follows:
Section 1, 2.45.040, to read, "National Incident Management System. The Kenai Peninsula Borough hereby adopts the National Incident Management System (NIMS) as its system of preparing for and responding to disaster incidents. NIMS includes the use of the Incident Command System for responding to and management of disaster."
VOTE ON MOTION TO AMEND:
Yes: Chay, Germano, Gilman, Martin, Merkes, Superman, Sprague
No: None
Absent: Fischer, Long
MOTION TO AMEND PASSED: 7 Yes, 0 No, 2 Absent
Assembly Member Superman spoke in opposition to Ordinance 2006-03.
MOTION TO POSTPONE: Germano moved to postpone Ordinance 2006-03 until the April 4, 2006 meeting.
VOTE ON MOTION TO POSTPONE:
Yes: Chay, Germano, Gilman, Martin, Merkes, Superman, Sprague
No: None
Absent: Fischer, Long
MOTION TO POSTPONE PASSED: 7 Yes, 0 No, 2 Absent
(9:31:09)
Ordinance 2006-04: Stating Non-Objection to the Seldovia Village Tribe (SVT) Barabara Heights Volunteer Fire Department being Recognized by the State as a Volunteer Fire Department to Provide Fire Protection in the Kenai Peninsula Borough (Mayor, Martin) (Referred to Policies and Procedures Committee)
MOTION: Chay moved to enact Ordinance 2006-04.
Vice President Sprague opened the public comment period with none being offered.
Assembly Member Martin spoke in support of Ordinance 2006-04.
VOTE ON MOTION TO ENACT:
Yes: Chay, Germano, Gilman, Martin, Merkes, Superman, Sprague
No: None
Absent: Fischer, Long
MOTION TO ENACT PASSED: 7 Yes, 0 No, 2 Absent
(9:34:30)
Ordinance 2006-05: Amending KPB Chapters 14.10 and 14.20 to Revise the Street Naming and Numbering System (Mayor) (Referred to Lands Committee)
MOTION: Martin moved to enact Ordinance 2006-05.
Vice President Sprague opened the public comment period.
The following person spoke in opposition to Ordinance 2006-05:
Earl Miller, 33526 Johnsons Dr., Soldotna
There being no one else who wished to speak, the public comment period was closed.
MOTION TO AMEND: Martin moved to amend Ordinance 2006-05 as follows:
Final whereas to read, "at its meeting of March 13, 2006, the planning commission, by resolution, recommended enactment by unanimous consent;
MOTION TO AMEND PASSED: Without objection.
New Section 1 to read, "KPB 14.10.020 is hereby amended as follows: 14.10.020[STREET DEFINED] Definitions: For purposes of this chapter the following terms are defined as shown:
A. "Private Road" means private easements or travel ways not dedicated to the public and located on private property.B. "Public Street" means a dedicated right of way or a public prescriptive easement as determined by a final court action.
C. "Remote" means accessible by boat, air or quad, but not by emergency road vehicle."
D The term "street(s)" as used in the chapter, except as defined under section 14.10.060(B) and used in section 14.10-070(B), is construed as a general term to described a right-of-way dedicated to public use for access purposes.
MOTION TO AMEND PASSED: Without objection.
Renumber the remaining sections accordingly.
New Section 3 to read, "A suffix designation shall be added to all new, renamed, or unnamed streets and shall be indicative of its alignment according to the diagram on the attached Appendix A and described as follows:
A. "Avenue" means any right-of-way lying in an east-west direction, not ending in a cul-de-sac, and the future extension in either direction is possible.
B. "Circle" means any right-of-way lying in a north-south direction and ending in a cul-de-sac.
C. "Court" means any right-of-way lying in an east-west direction and ending in a cul-de-sac.
D. "Drive" means any right-of-way lying in a northwest-southeast direction, not ending in a cul-de-sac, and the future extension in either direction is possible.
E. "Lane" means any right-of-way lying in a northeast-southwest direction, not ending in a cul-de-sac, and the future extension in either direction is possible.
F. "Loop" means any right-of-way beginning at a point on a thoroughfare and returning to another point on that same thoroughfare.
[G. "PRIVATE ROAD" MEANS PRIVATE EASEMENTS OR TRAVEL WAYS NOT DEDICATED TO THE PUBLIC AND LOCATED ON PRIVATE PROPERTY.
H. "PUBLIC STREET" MEANS A DEDICATED RIGHT-OF-WAY OR APUBLIC PRESCRIPTIVE EASEMENT AS DETERMINED BY A FINAL COURT ACTION.
I. "REMOTE" MEANS ACCESSIBLE BY BOAT, AIR OR QUAD, BUT NOT BY EMERGENCY ROAD VEHICLE.]"
Renumber remaining paragraphs accordingly.
Section 9 to read, "Sections 1 through [5]7 of this ordinance shall take effect immediately upon its enactment, and Section [6]8 shall take effect July 1, 2006."
MOTION TO AMEND PASSED: Without objection.
Assembly Member Germano spoke in opposition to Ordinance 2006-05.
MOTION TO AMEND: Germano moved to amend Ordinance 2006-05 as follows:
Section 8 to read, "The owners, occupants, or other persons having responsibility for the houses and buildings to be addressed shall obtain and display in a prominent manner the correct numbers corresponding to the assigned address in accordance with the following:
A. The numbers should be a minimum of three inches in height and should be made of a durable, reflective, and clearly visible material which will provide a distinct contrast to the background on which the numbers are posted.B. The numbers should be posted as near the entrance to the house or building as possible and affixed in a legible manner which is visible from the street.
C. In the case of long driveways and/or the presence of vegetation or other sight barriers which block the view of the structure from the street, the numbers should be placed on durable fixtures such as gates or fence posts at or near the driveway entrance. A tree may also serve this purpose.
[D. FAILURE TO POST THE NUMBERS SHALL CONSTITUTE A FULL AND FINAL RELEASE OF LIABILITY FROM ANY AND ALL CLAIMS THE PROPERTY OWNER OR OCCUPANT MAY OTHERWISE HAVE AGAINST THE BOROUGH RELATING TO AN EMERGENCY RESPONSE AND IN ANY WAY RELATED TO THE FAILURE TO COMPLY WITH THIS SECTION.]"
Assembly Members Gilman and Martin spoke in opposition to the amendment.
Assembly Members Merkes and Germano spoke in support of the amendment.
VOTE ON MOTION TO AMEND:
Yes: Germano, Merkes, Superman
No: Chay, Gilman, Martin, Sprague
Absent: Fischer, Long
MOTION TO AMEND FAILED: 3 Yes, 4 No, 2 Absent
MOTION TO AMEND: Germano moved to amend Ordinance 2006-05 as follows:
Section 9 to read, "Sections 1 through 7 of this ordinance shall take effect immediately upon its enactment and Section 8 shall take effect July 1, 200[6]7."
Assembly Member Superman spoke in support of the amendment.
MOTION TO AMEND PASSED: Without objection.
MOTION TO POSTPONE: Germano moved to postpone Ordinance 2006-05 until the April 4, 2006 meeting.
Assembly Member Martin spoke in opposition to postponement.
Assembly Member Germano spoke in support of postponement.
VOTE ON MOTION TO POSTPONE:
Yes: Chay, Germano, Merkes
No: Gilman, Martin, Superman, Sprague
Absent: Fischer, Long
MOTION TO POSTPONE FAILED: 3 Yes, 4 No, 2 Absent
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Gilman, Martin, Superman, Sprague
No: Germano, Merkes
Absent: Fischer, Long
MOTION TO ENACT AS AMENDED PASSED: 5 Yes, 2 No, 2 Absent
(10:06:30)
Ordinance 2006-06: Amending KPB 2.60.030 to Increase the E911 Surcharge from $.75 to $1.15 Per Month (Mayor) (Referred to Finance Committee)
MOTION: Superman moved to enact Ordinance 2006-06.
Assembly Member Superman stated there had no been no increase in the surcharge for many years and the ordinance would set the surcharge at the correct rate. He also stated the administration was required to review this annually according to statutes.
Vice President Sprague opened the public comment period with none being offered.
Assembly Member Germano spoke in opposition to Ordinance 2006-06.
Vice President Sprague passed the gavel to President Pro Tem Superman.
MOTION TO AMEND: Sprague moved to amend Ordinance 2006-06 as follows:
Section 2 to read, "That this ordinance shall become effective May 1, 2006 and remain in effect until June 30, 2007."
MOTION TO AMEND PASSED: Without objection.
President Pro Tem Superman returned the gavel to Vice President Sprague.
Assembly Member Germano spoke in opposition to Ordinance 2006-06.
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Gilman, Martin, Merkes, Superman, Sprague
No: Germano
Absent: Fischer, Long
MOTION TO ENACT AS AMENDED PASSED: 6 Yes, 1 No, 2 Absent
(10:31:09)
NEW BUSINESS
Resolution 2006-021: Authorizing the Lease of 420 Square Feet of Office Space in the Seaview Community Plaza Building for the Seward Annex Office (Mayor) (Referred to Finance Committee)
MOTION TO ADOPT: Superman moved to adopt Resolution 2006-021.
Vice President Sprague opened the public comment period with none being offered.
MOTION TO AMEND: Superman moved to amend Resolution 2006-021 as follows:
Final whereas to read, "at its regularly meeting of March 13, 2006, the KPB Planning Commission recommended adoption."
MOTION TO AMEND PASSED: Without objection.
VOTE ON MOTION TO ADOPT AS AMENDED:
Yes: Chay, Germano, Gilman, Martin, Merkes, Superman, Sprague
No: None
Absent: Fischer, Long
MOTION TO ADOPT AS AMENDED PASSED: 7 Yes, 0 No, 2 Absent
(10:35:15)
Resolution 2006-022: In Support of a Grant from the Department of Labor and Workforce Development to the Training and Life Skill Education to Nurture Transition Students Program (Mayor) (Referred to Policies and Procedures Committee)
MOTION TO ADOPT: Chay moved to adopt Resolution 2006-022.
Vice President Sprague opened the public comment period with none being offered.
MOTION TO AMEND: Chay moved to amend Resolution 2006-022 as follows:
Third whereas to read, "TALENTS has numerous partners including the Kenai Peninsula Borough School District, the Alaska Department of Labor and Workforce Development (DOLWD), the [Kenai] Soldotna Chamber of Commerce, Kenai Peninsula College, the PRISM Training Center, the Division of Vocational Rehabilitation, and students and their parents; and"
MOTION TO AMEND PASSED: Without objection.
VOTE ON MOTION TO ADOPT AS AMENDED:
Yes: Chay, Germano, Gilman, Martin, Merkes, Superman, Sprague
No: None
Absent: Fischer, Long
MOTION TO ADOPT AS AMENDED PASSED: 7 Yes, 0 No, 2 Absent
(10:38:36) Resolution 2006-025: Determining the Amount to be Provided from Local Sources for School Purposes During Fiscal Year 2007 (Mayor) (Referred to Finance Committee)
MOTION TO ADOPT: Superman moved to adopt Resolution 2006-025.
Vice President Sprague opened the public comment period.
The following people spoke in opposition to Resolution 2006-025 as written:
Melody Douglas, P.O. Box 3477, Soldotna, Chief Financial Officer, KPBSD
Debra Mullins, 53630 Redoubt Drive, Nikiski, KPB Board of Education President
Megan O'Neill, P. O. Box 1392, Kenai
There being no one else who wished to speak, the public comment period was closed.
MOTION TO POSTPONE: Superman moved to postpone Resolution 2006-025 until the April 4, 2006 meeting.
VOTE ON MOTION TO POSTPONE:
Yes: Chay, Germano, Gilman, Martin, Merkes, Superman, Sprague
No: None
Absent: Fischer, Long
MOTION TO POSTPONE PASSED: 7 Yes, 0 No, 2 Absent
PUBLIC COMMENTS AND PUBLIC PRESENTATIONS - None.
ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS
The next meeting of the Kenai Peninsula Borough Assembly was scheduled for April 4, 2006, at 7:00 p.m. in the Assembly Chambers of the Borough Administration Building in Soldotna, Alaska.
(11:08:57)
ASSEMBLY COMMENTS
Assembly Member Martin requested the administration provide a map listing all the ESN locations throughout the borough. She gave thanks to all the volunteers who helped with the Arctic Winter Games and expressed praise on the overall success of the games.
Assembly Member Gilman thanked Megan O'Neill, Debra Mullins and Melody Douglas for sitting through the four hour meeting in order to testify on Resolution 2006-025 and stated she was looking forward to the discussion at the next meeting regarding that resolution.
Assembly Member Superman stated he was fascinated by the ACT presentation and thanked them for the hard copy because he fully intended to review the documents in order to prepare an editorial.
Assembly Member Merkes echoed Ms. Martin's comments regarding the Arctic Winter Games and stated she was proud to be part the event. She said the volunteers went above and beyond the call of duty and hosting the games was a benefit to the entire community.
Assembly Member Chay commented on percentage rate increases and exponential growth.
Assembly Member Germano thanked the administration and specifically Mr. Chapman and Mr. Best for being available during the entire length of the meeting.
Vice President Sprague thanked Melody Douglas, Debra Mullins and Megan O'Neill for staying until the end of the evening to address Resolution 2006-025. He commented on the ACT presentation stating he was troubled by the $5 million error in school district funding. He stated his frustration with borough employees parking the front of the building and encouraged them to park in the back parking lot. He thanked everyone involved with the Arctic Winter Games. Finally, he announced there would be a St. Patrick's Day parade on Friday, along with dinner at the Soldotna Sports Center followed by fireworks.
ADJOURNMENT (11:19:06)
With no further business to come before the assembly, Vice President Sprague adjourned the meeting at 11:19 p.m.
I certify the above represents accurate minutes of the Kenai Peninsula Borough Assembly meeting of March 14, 2006.