Kenai Peninsula Borough Assembly Meeting Minutes |
May 2, 2006 - 7:00 p.m. Regular Meeting - Seward, Alaska |
CALL TO ORDER
A Regular Meeting of the Kenai Peninsula Borough Assembly was held on May 2, 2006, in the City Council Chambers, Seward, 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 Assembly Member Martin.
There were present:
Ron Long, Presiding
Dan Chay
Deb Germano
Margaret Gilman
Milli Martin
Grace Merkes
Pete Sprague
Gary Superman
comprising a quorum of the assembly.
Absent:
Paul Fischer (excused)
Also in attendance were:
John J. Williams, Mayor
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.
MOTION: Superman moved to increase the salary of the Borough Clerk and the Deputy Clerk by 3.8 percent to coincide with the Anchorage Consumer Price Index to become effective July 1, 2006.
MOTION PASSED: Without objection.
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.
MOTION: Martin moved to support and agree with the Mayor’s position that the Borough should seriously consider filing a lawsuit against the state regarding increasing education funding. Therefore, the Mayor is authorized to investigate legal options and, if he finds it to be in the best interest of the borough to file an action, he shall seek authority from the Assembly to do so.
MOTION TO AMEND: Germano moved to amend the motion as follows:
That the assembly supports and agrees with the Mayor’s position that the Borough should seriously consider filing a lawsuit against the state regarding [INCREASING] inadequate education funding. Therefore, the Mayor is authorized to investigate legal options and, if he finds it to be in the best interest of the borough to file an action, he shall seek authority from the Assembly to do so.
MOTION TO AMEND PASSED: Without objection.
MOTION: Superman moved to postpone action on the motion until the May 16, 2006 meeting.
Assembly Members Merkes and Sprague spoke in support of postponement.
Assembly Members Martin and Gilman spoke in opposition to postponement.
President Long passed the gavel to Vice President Sprague and spoke in support of postponement. Vice President Sprague returned the gavel to President Long.
Assembly Member Gilman spoke in opposition to postponement.
President Long passed the gavel to Vice President Sprague and spoke in support of postponement. Vice President Sprague returned the gavel to President Long.
Assembly Member Martin spoke in opposition to postponement.
Assembly Members Chay, Sprague and Germano spoke in support of postponement.
VOTE ON MOTION TO POSTPONE:
Yes: Germano, Merkes, Superman, Sprague, Chay, Long
No: Gilman, Martin
Absent: Fischer
MOTION TO POSTPONE PASSED: 6 Yes, 2 No, 1 Absent
Assembly Member Sprague stated the Legislative Committee met and discussed its agenda item.
APPROVAL OF AGENDA AND CONSENT AGENDA (07:36:43)
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 withdrawn by the sponsor:
• Ordinance 2006-23: Replacing the Flat Tax with an Ad Valorem Tax on Certain Watercraft in Excess of 100 Feet in Length (Sprague) (Hearing on 06/06/06) (Referred to Finance Committee)
The following item was moved from the consent agenda to the regular agenda:
• Resolution 2006-043: Authorizing the Acceptance of Late-Filed Senior Citizen and Disabled Veteran Exemption Applications (Mayor) (Referred to Policies and Procedures 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.
• April 18, 2006 Regular Assembly Meeting Minutes
• Resolution 2006-040: Authorizing Award of a Contract for the Purchase of Landscaping Equipment (Mayor) (Referred to Finance Committee)
• Resolution 2006-041: Adopting the 2005 Determination of the Population of the Borough for FY 07 as Revised by the Department of Commerce, Community and Economic Development (Mayor) (Referred to Policies and Procedures Committee)
• Resolution 2006-042: Authorizing Transfer of South Peninsula Hospital Funds from the Endoscope Project to Miscellaneous Equipment Project (Mayor) (Referred to Finance Committee)
• Ordinance 2005-19-50: Appropriating $885,868 to the Fiscal Year 2006 Road Service Area Capital Improvement Projects (Mayor) (Hearing on 06/06/06) (Referred to Finance Committee)
• Ordinance 2006-22: Authorizing the Kenai Peninsula Borough to Execute and Deliver an Equipment Lease Purchase Agreement in an Aggregate Principal Amount Not to Exceed $2,000,000 to Pay the Cost of Acquiring and Installing a CT Scanner and a Picture Archiving Communication System for the South Peninsula Hospital, and Providing for Related Matters (Mayor) (Hearing on 06/06/06 (Referred to Finance Committee)
• Petition to Vacate a Portion of a 33-foot Section Line Easement to Accommodate the Existing Building near the South Boundary of Lot 1 C. H. Miller Subdivision (Plat 78-81); within Section 2, Township 4 South, Range 15 West, Seward Meridian, Alaska; and the Kenai Peninsula Borough; KPB File 2006-046; Location: West of Sterling Hwy in Anchor Point; Anchor Point APC (Referred to Lands Committee)
[Clerk’s Note: The Planning Commission approved the above referenced vacation by unanimous consent at its regularly scheduled April 10, 2006 meeting.]
• Mayor’s Proclamation declaring May 2006 as Motorcycle Awareness Month
• A Resolution Commending the Seward Shrimp Hawks as the 2006 Tsunami Bowl Winning Team (Long)
President Long called for public comment on consent agenda items with none being offered.
AGENDAS APPROVED AS AMENDED: Without objection.
(07:40:25)
COMMENDING RESOLUTIONS AND PROCLAMATIONS
Mayor Williams presented a proclamation to Carl Glick declaring May 2006 as Motorcycle Awareness Month.
President Long read aloud a resolution commending the Seward Shrimp Hawks as the 2006 Tsunami Bowl winners.
(07:49:16)
PRESENTATIONS WITH PRIOR NOTICE
KPB Roads Director Gary Davis, summarized the Spruce Creek Bridge project and answered questions from the Assembly.
Road Service Area Board Chair Ron Wille, PO Box 487, Seward, addressed the Assembly regarding the Spruce Creek Bridge project.
(07:55:14)
PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA
President Long called for public comment.
The following people addressed the Assembly regarding the vacation of Washington Street within the Seward City limits:
Carol Griswold, PO Box 1342, Seward
Iris Darling, PO Box 149, Seward,
Sharyl Seese, 537 First Avenue, Seward
Debra Hafemeister, 318 First Avenue, Seward
Bob Linville, 1205 Vista Street, Seward
Sara Stoltz, PO Box 2022, Seward
Tim McDonald, PO Box 25, Seward
Jerry S. Dixon, PO Box 1058, Seward, addressed the Assembly regarding inadequate education funding.
Having reached the 20 minute aggregate time limit, the public comment period was closed.
REPORTS OF COMMISSIONS AND COUNCILS
MAYOR’S REPORT (08:29:48)
1. Agreements and Contracts
a. Spruce Bark Beetle Mitigation Program:
•Approval of Contract with Paul’s Services for Sterling Highway, Mile 111 Right of Way Project
•Approval of Contract with Doug Koch Tree Service for North Fork 2-A Add-On #1 ROW Project
•Approval of Contract with Steve’s Tree Service for Birch #1 Right of Way Project
b. Approval of Contract with ACS for Telecommunication Services for Borough Building and Outlying Offices throughout Soldotna
c. Approval of Contract with ProComm Alaska, LLC for Radio Project Mapping related to new Soldotna Dispatch Center
d. Approval of Contract with Steam on Wheels for Sweeping Various Borough Facility Parking Lots
e. Approval of Contract with AeroMap U.S. for Aerial Photography and Surveying for Central Peninsula Landfill Expansion Area
2. Other
a. Investment Portfolio Report - April 10, 2006
b. March Unemployment Figures for Kenai Peninsula Borough
(08:38:26)
ITEMS NOT COMPLETED FROM PRIOR AGENDA
Ordinance 2005-19-46: Correcting Ordinance 2005-19-19 Which Accepted and Appropriated a Grant from the Alaska Department of Natural Resources in the Amount of $3,550 for the Anchor Point Fire and Emergency Medical Service Area (Mayor) (Referred to Finance Committee)
MOTION: Superman moved to enact Ordinance 2005-19-46.
Assembly Member Superman stated the ordinance would allow for redirection of the funds to the volunteer organization.
President Long called for public comment, with none being offered.
VOTE ON MOTION TO ENACT:
Yes: Chay, Germano, Gilman, Martin, Merkes, Sprague, Superman, Long
No: None
Absent: Fischer
MOTION TO ENACT PASSED: 8 Yes, 0 No, 1 Absent
(08:40:12)
Ordinance 2006-01 (Martin) Substitute: Repealing KPB Chapter 21.26 and Enacting KPB Chapter 21.29, Material Site Permits (Martin) (Second of Three Hearings) (Referred to Lands Committee)
[Clerk’s Note: There was a motion to enact on the floor from the March 14, 2006 meeting.]
Assembly Member Martin stated she meet with the Planning Department and they reached a general consensus that postponing the ordinance would be in the best interest of the borough and would allow for further review of the issues at hand.
President Long called for public comment, with none being offered.
MOTION TO POSTPONE: Martin moved to add an additional hearing on August 1, 2006 and postpone Ordinance 2006-01 (Martin) Substitute until it next scheduled hearing on May 16, 2006.
VOTE ON MOTION TO POSTPONE:
Yes: Chay, Germano, Gilman, Martin, Sprague, Superman, Long
No: None
Absent: Fischer
Abstained: Merkes
MOTION TO POSTPONE PASSED: 7 Yes, 0 No, 1 Absent, 1 Abstention
(08:49:30)
Ordinance 2006-09: Enacting KPB 16.12.115 Authorizing Billing for Ambulance and Emergency Medical Services by the Nikiski Fire Service Area (Mayor at Request of Nikiski Fire Service Area Board) (Referred to Finance Committee)
MOTION: Superman moved to enact Ordinance 2006-09.
Assembly Member Superman stated the ordinance would allow the service area to establish ambulance fees.
President Long called for public comment.
The following people spoke in support of Ordinance 2006-09:
Preston Williams, 2565 Watergate Way, Kenai
Bob Valdatta, PO Box 1267, Seward
There being no one else who wished to speak, the public comment period was closed.
MOTION TO AMEND: Superman moved to amend Ordinance 2006-09 as follows:
Final whereas to read, “at its regular meeting of March 8, 2006, the NFSA board recommended enactment;”
Section 2 to read, “That the fee structure adopted by the board of the Nikiski Fire Service Area through Nikiski Fire Service Area Resolution 2006-01, a copy of which is attached hereto and made a part hereof, is approved by the Borough Assembly. Future changes to the fee structure must be approved by assembly resolution.”
MOTION TO AMEND PASSED: Without objection.
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Germano, Gilman, Martin, Merkes, Sprague, Superman, Long
No: None
Absent: Fischer
MOTION TO ENACT AS AMENDED PASSED: 8 Yes, 0 No, 1 Absent
(08:51:29)
Ordinance 2006-10: Adopting a Revised Fee Schedule for Billing of Ambulance, Equipment, and Other EMS Services Used in Emergency Responses by the Central Emergency Service Area and Central Peninsula Emergency Medical Service Area (Mayor) (Referred to Finance Committee)
MOTION: Superman moved to enact Ordinance 2006-10.
Assembly Member Superman stated the ordinance would increase the service areas ambulance fee schedule for the first time since 1999.
President Long called for public comment.
The following person spoke in support of Ordinance 2006-10:
Mark Osterman, PO Box 1027, Kasilof
There being no one else who wished to speak the public comment period was closed.
VOTE ON MOTION TO ENACT:
Yes: Chay, Germano, Gilman, Martin, Merkes, Sprague, Superman, Long
No: None
Absent: Fischer
MOTION TO ENACT PASSED: 8 Yes, 0 No, 1 Absent
(08:58:19)
Ordinance 2006-11: Amending KPB 5.12.050 to Require that Agents and Assigns Demonstrate Their Authority to File a Board of Equalization Appeal on Behalf of the Property Owner (Mayor) (Referred to Policies and Procedures Committee)
MOTION: Chay moved to enact Ordinance 2006-11.
President Long called for public comment, with none being offered.
VOTE ON MOTION TO ENACT:
Yes: Chay, Germano, Gilman, Martin, Merkes, Sprague, Superman, Long
No: None
Absent: Fischer
MOTION TO ENACT PASSED: 8 Yes, 0 No, 1 Absent
(08:59:12)
Resolution 2006-036: Establishing a Cost Allocation Plan (Mayor) (Referred to Finance Committee)
MOTION: Superman moved to adopt Resolution 2006-036.
Assembly Member Superman stated the resolution would allow for indirect administrative charges to service areas, grant recipients and the school district, as well as interest earning from the general fund to be given to the service areas.
President Long called for public comment.
The following person spoke in opposition to Resolution 2006-036:
Preston Williams, 2565 Watergate Way, Kenai
There being no one else who wished to speak, the public comment period was closed.
Mayor Williams summarized the cost allocation plan as proposed by Resolution 2006-036.
Assembly Member Superman spoke in opposition to Resolution 2006-036.
Assembly Members Gilman and Chay spoke in support of Resolution 2006-036.
VOTE ON MOTION TO ADOPT:
Yes: Chay, Germano, Gilman, Martin, Merkes, Sprague, Long
No: Superman
Absent: Fischer
MOTION TO ADOPT PASSED: 7 Yes, 1 No, 1 Absent
(09:20:49)
PUBLIC HEARINGS ON ORDINANCES
Ordinance 2006-12: Authorizing the Conveyance of Tracts C, G, and K, ASLS 2003-2, according to Plat No. 2005-10, Seward Recording District in the Cooper Landing Area to the State of Alaska (Mayor) (Referred to Lands Committee)
MOTION: Martin moved to enact Ordinance 2006-12.
Assembly Member Martin stated the ordinance would convey state highway right of ways back to the state which had been previously conveyed to the borough.
President Long opened the public comment period with none being offered.
MOTION TO AMEND: Martin moved to amend Ordinance 2006-12 as follows:
Final whereas to read, “ the KPB Planning Commission at its regularly scheduled meeting of April 10, 2006 recommended enactment by unanimous consent.”
MOTION TO AMEND PASSED: Without objection.
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Germano, Gilman, Martin, Merkes, Sprague, Superman, Long
No: None
Absent: Fischer
MOTION TO ENACT AS AMENDED PASSED: 8 Yes, 0 No, 1 Absent
(09:23:58)
Ordinance 2006-13: Amending the Tax Code to Increase the Motor Vehicle Tax (Mayor) (Referred to Finance Committee)
Ordinance 2006-13 (Mayor) Substitute: Amending the Tax Code to Increase the Motor Vehicle Tax (Mayor) (Referred to Finance Committee)
[Clerk’s Note: There was a motion to enact on the floor from the April 18, 2006 meeting.]
Assembly Member Superman stated the ordinance would allow for an increase in the motor vehicle tax to bring fees more in line with the rest of the municipalities in the state.
President Long opened the public comment period.
The following people spoke in opposition to Ordinance 2006-13:
Preston Williams, 2565 Watergate Way, Kenai
Bob Valdatta, PO Box 1267, Seward
Jim Doyle, PO Box 582, Kenai
There being no one else who wished to speak, the public comment period was closed.
MOTION TO AMEND: Germano moved to amend Ordinance 2006-13 by substitution.
[Clerk’s Note: Technical amendments were made to Ordinance 2006-13 (Mayor’s) Substitute as follows:
Section 1 B to read, “Notwithstanding paragraph A of this section, if the owner of commercial vehicles elects to register its vehicles on an annual basis as provided in state [STATUE] statues, instead of the biennial...”
Table in Section 1 B to read, “Ttl Com (5k,<=12k) 7th 55[0], 8th 55[0]...”
Section 1 C(1) to read, “The population of each tax code area (TCA) shall be determined. Population shall be established by the latest figures determined by the Kenai Peninsula Borough and accepted by the State of Alaska Department of [Community and Regional Affairs] Commerce, Community and Economic Development...”
Section 1 D to read, “An exemption may be granted under this subsection only upon written application on a from prescribed by the Alaska [d]Department of [a]Adminstration.”]
VOTE ON MOTION TO AMEND
BY SUBSTITUTION:
Yes: Chay, Germano, Gilman, Martin, Merkes, Sprague, Superman, Long
No: None
Absent: Fischer
MOTION TO AMEND BY
SUBSTITUTION AS AMENDED PASSED: 8 Yes, 0 No, 1 Absent
MOTION: Germano moved to postpone Ordinance 2005-13 (Mayor) Substitute until May 16, 2006.
VOTE ON MOTION TO POSTPONE:
Yes: Chay, Germano, Gilman, Martin, Merkes, Sprague, Superman, Long
No: None
Absent: Fischer
MOTION TO POSTPONE PASSED: 8 Yes, 0 No, 1 Absent
(09:37:15)
Ordinance 2006-15: Amending KPB 5.12.119 to Require that an Application to the Mayor for an Extension of Time to Request a Property Tax Exemption be Filed on or Before February 15 (Mayor) (Referred to Policies and Procedures Committee)
MOTION: Chay moved to enact Ordinance 2006-15.
President Long called for public comment, with none being offered.
VOTE ON MOTION TO ENACT:
Yes: Chay, Germano, Gilman, Martin, Merkes, Sprague, Superman, Long
No: None
Absent: Fischer
MOTION TO ENACT PASSED: 8 Yes, 0 No, 1 Absent
(09:38:46)
Ordinance 2006-16: Providing that the Uniform Electronic Transactions Act, AS 09.80.010 et. seq., Shall Apply to KPB Chapter 5.18, Sales Tax, Electronic Transactions (Mayor) (Referred to Policies and Procedures Committee)
MOTION: Chay moved to enact Ordinance 2006-16.
President Long called for public comment, with none being offered.
VOTE ON MOTION TO ENACT:
Yes: Chay, Germano, Gilman, Martin, Merkes, Sprague, Superman, Long
No: None
Absent: Fischer
MOTION TO ENACT PASSED: 8 Yes, 0 No, 1 Absent
(09:39:35)
Ordinance 2006-19: Appropriating Funds for Fiscal Year 2006-2007 (Mayor) (First of Two Hearings) (Referred to Finance Committee)
MOTION: Superman moved to enact Ordinance 2006-19.
Assembly Member Superman stated the ordinance established the budget for the upcoming fiscal year.
President Long called for public comment.
The following person spoke in opposition to Ordinance 2006-19 as written:
Preston Williams, 2565 Watergate Way, Kenai
There being no one else who wished to speak, the public comment period was closed.
MOTION TO POSTPONE: Superman moved to postpone Ordinance 2006-19 until its next schedule hearing on May 16, 2006.
VOTE ON MOTION TO POSTPONE:
Yes: Chay, Germano, Gilman, Martin, Merkes, Sprague, Superman, Long
No: None
Absent: Fischer
MOTION TO POSTPONE PASSED: 8 Yes, 0 No, 1 Absent
UNFINISHED BUSINESS - None
NEW BUSINESS
Resolution 2006-043: Authorizing the Acceptance of Late-Filed Senior Citizen and Disabled Veteran Exemption Applications (Mayor) (Referred to Policy and Procedures Committee)
MOTION: Chay moved to adopt Resolution 2006-043.
President Long opened the public comment period with none being offered.
Assembly Member Martin spoke in support of Resolution 2006-043.
VOTE ON MOTION TO ADOPT:
Yes: Chay, Germano, Gilman, Martin, Merkes, Sprague, Superman, Long
No: None
Absent: Fischer
MOTION TO ADOPT PASSED: 8 Yes, 0 No, 1 Absent
PUBLIC COMMENTS - None
ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS
• A special meeting to review and discuss materials regarding the proposed acquisition of the assets of Heritage Place was scheduled for May 11, 2006, at 4:00 p.m. in the Borough Assembly Chambers at the Borough Administration Building, Soldotna, Alaska.
• The next regular meeting of the Kenai Peninsula Borough Assembly was scheduled for May 16, 2006, at 7:00 p.m. in the Borough Assembly Chambers at the Borough Administration Building, Soldotna, Alaska.
ASSEMBLY COMMENTS
Assembly Members Martin, Merkes, Germano, Gilman and Sprague all thanked the City of Seward for dinner and their hospitality throughout the day.
President Long thanked the assembly for holding its meeting in Seward and also thanked the City and Council for their hospitality. He also responded to a letter to the editor in the Peninsula Clarion and encouraged the administration and his fellow assembly members to read the article and accept the challenge it offered.
Mayor Williams, on behalf of the administration. thanked the City of Seward for their hospitality.
ADJOURNMENT 10:18:10)
With no further business to come before the assembly, President Long adjourned the meeting at 10:18 p.m.
I certify the above represents accurate minutes of the Kenai Peninsula Borough Assembly meeting of May 2, 2006.
Sherry Biggs, Borough Clerk
Approved by Assembly: