Kenai Peninsula Borough Assembly Meeting Minutes |
May 16, 2006 - 7:00 p.m. Regular Meeting - Soldotna, Alaska |
CALL TO ORDER
A Regular Meeting of the Kenai Peninsula Borough Assembly was held on May 16, 2006, in the Borough 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 Jack Evans from the Family Church of God.
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 J. Williams, Mayor
Colette Thompson, Borough Attorney
Sherry Biggs, Borough Clerk
Johni Blankenship, Deputy Clerk
COMMITTEE REPORTS (07:03:30)
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 item.
MOTION: Sprague moved to authorize President Long to send a letter to Governor Murkowski thanking him for his support of the Municipal Energy Assistance and Retirement System Funding for Increased Employer Costs for Political Subdivisions.
MOTION PASSED: Unanimous.
APPROVAL OF AGENDA AND CONSENT AGENDA (07:17:26)
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 items were added to the consent agenda:
• Mayor’s Proclamation Declaring May 22-26, 2006 as Buddy Poppy Week on the Kenai Peninsula
• Vacate that Portion of a 66-foot Section Line Easement Centered on the Line Common to Sections 20 and 21, Beginning 33 North of the Corner Common to Sections 20, 21, 28 and 29, and extending to the South Shore of Hall Lake Sangster Subdivision Hall Lake Addition (Plat KN 2006-11); within Sections 20 and 21, Township 5 North, Range 9 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2006-061; Petitioners: John Stevens of Australia and Kenneth S. Merkes of Sterling, Alaska; Location: South of Hall Lake in Sterling (Referred to Lands Committee)
[Clerk’s Note: The Planning Commission approved the above referenced vacation by majority consent at its regularly scheduled April 24, 2006 meeting.]
The following items were moved from the consent agenda to the regular agenda:
• Resolution 2006-046: Authorizing Award of a Contract for the South Peninsula Hospital, East Addition and Alterations (Mayor) (Referred to Finance Committee)
• Resolution 2006-047: Authorizing the Mayor to Solicit Proposals to Broadcast Assembly Meetings via Radio (Martin) (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.
• May 2, 2006 Regular Assembly Meeting Minutes
• Mayor’s Proclamation Declaring June 2nd and 3rd, 2006 as “Relay for Life” Days on the Kenai Peninsula
• Mayor’s Proclamation Declaring the week of May 14-20, 2006 as “National Nursing Home Week for the Kenai Peninsula Borough”
• Mayor’s Proclamation Declaring May 22-26, 2006 as Buddy Poppy Week on the Kenai Peninsula
• Resolution 2006-045: Authorizing the Purchase of a 3000-Gallon Tanker with Chassis for Central Emergency Services (Mayor) (Referred to Finance Committee)
• Resolution 2006-048: Authorizing Award of Contract for the Homer Middle School Roof Replacement Project (Mayor) (Referred to Finance Committee)
• Ordinance 2005-19-51: Appropriating $190,269.42 to the Special Assessment Fund for Chinulna Point Subdivision Road Improvement Special Assessment District (Mayor) (Shortened Hearing on 06/06/06) (Referred to Finance Committee)
• Ordinance 2006-24: Authorizing Negotiated Leases of Space at the Kenai River Center Building with the State of Alaska, Department of Natural Resources, and the United States Environmental Protection Agency Through the General Services Administration (Mayor) (Hearing on 06/20/06) (Referred to Finance Committee)
• Ordinance 2006-25: Authorizing the Conveyance of Lot 1, Block 8 and Lot 2, Block 7 Fairview Subdivision, Plat No. 56-2936, Homer Recording District to the City of Homer in Exchange of a 99-Year Lease of the South Peninsula Hospital (Mayor) (Hearing on 06/20/06) (Referred to Lands Committee)
• Ordinance 2006-26: Amending KPB 5.12.105 to Require Late-Filed Senior Citizen and Disabled Veteran Property Tax Exemption Applications to be Filed by February 15 of Each Year (Germano) (Hearing on 06/20/06) (Referred to Policies and Procedures Committee)
• Ordinance 2006-27: Changing the Name of Central Kenai Peninsula Hospital Service Area to Healthcare Service Area of the Central Peninsula, and Changing the Number of Members of the Board from Seven to Nine (Mayor at Request of Central Kenai Peninsula Hospital Service Area Board) (Hearing on 06/20/06) (Referred to Policies and Procedures Committee)
• Vacate a Portion of the 33-foot Section Line Easement on the North Boundary of Tract A North Ridge Estates Subdivision (Plat KN 86-133); within Section 13 Extending between Crooked Creek and Crooked Creek Road; AND Vacate the 33' or 50' Section Line Easement Adjacent to the Above Portion, within Section 12; all within Township 2 North, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2006-060; (Note: DNR Owns the Parcel to North and Must Agree to Final Plat to Vacate the Easement on their Side). Petitioner: Matthew G. Letzring of Kasilof, Alaska; Location: West of Crooked Creek Road in Kasilof (Referred to Lands Committee)
[Clerk’s Note: The Planning Commission approved the above referenced vacation by unanimous consent at its regularly scheduled April 24, 2006 meeting.]
• Vacate that Portion of a 66-foot Section Line Easement Centered on the Line Common to Sections 20 and 21, Beginning 33 North of the Corner Common to Sections 20, 21, 28 and 29, and extending to the South Shore of Hall Lake Sangster Subdivision Hall Lake Addition (Plat KN 2006-11); within Sections 20 and 21, Township 5 North, Range 9 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2006-061; Petitioners: John Stevens of Australia and Kenneth S. Merkes of Sterling, Alaska; Location: South of Hall Lake in Sterling (Referred to Lands Committee)
[Clerk’s Note: The Planning Commission approved the above referenced vacation by majority consent at its regularly scheduled April 24, 2006 meeting.]
[Clerk’s Note: Assembly Member Merkes stated while she was related to one of the petitioners, she had no direct financial interest in this matter. President Long ruled there was no conflict of interest. With no objection from the other assembly members, Ms. Merkes was allowed to vote on the vacation.]
President Long called for public comment on consent agenda items with none being offered.
AGENDAS APPROVED AS AMENDED: Unanimous.
MOTION: Superman moved to suspend the rules and address Ordinance 2006-21 and Ordinance 2006-20 as the first items of business under Public Hearings on Ordinances.
MOTION PASSED: Unanimous.
(07:26:00)
COMMENDING RESOLUTIONS AND PROCLAMATIONS
Mayor Williams presented a proclamation to Alyson Stogsdill declaring June 2-3, 2006 as, “Relay for Life” Days on the Kenai Peninsula.
Mayor Williams presented a proclamation to Bee Johnson from the VFW Ladies Auxiliary, declaring May 22-26, 2006 as “Buddy Poppy Week.”
Mayor Williams presented a proclamation to Vince O’Reilly and Heritage Place residents declaring May 14-20, 2006 as, “National Nursing Home Week for the Kenai Peninsula Borough.”
(07:35:58)
PRESENTATIONS WITH PRIOR NOTICE
Ricky Gease from the Kenai River Sportsfishing Association gave a presentation titled, “Economic Values of Sport, Personal Use and Commercial Salmon Fishing in the Upper Cook Inlet.”
(07:59:00)
PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA
President Long called for public comment.
Ed Martin Sr., PO Box 521, Cooper Landing, addressed the assembly regarding borough spending.
Rolland Maw, United Cook Inlet Drift Association President, PO Box 530, Kasilof, addressed the assembly regarding commercial fishing.
John McCombs, PO Box 39807, Ninilchik, addressed the assembly regarding the commercial fishing industry.
Steve Vanek, PO Box 39103, Ninilchik, addressed the assembly regarding the economic study presented by Ricky Gease. He also addressed the assembly regarding “Buddy Poppy Week.”
Mike Wiley, PO Box 99568, Ninilchik, addressed the assembly regarding the economic impact of commercial fishing on the Kenai Peninsula.
Gary Hollier, 43680 Ross Drive, Soldotna, addressed the assembly regarding the economic study presented by the Kenai River Sportfishing Association.
There being no one else who wished to speak, the public comment period was closed.
REPORTS OF COMMISSIONS AND COUNCILS
MAYOR’S REPORT (08:22:47)
1. Agreements and Contracts
a. Spruce Bark Beetle Mitigation Program:
•Approval of Contract with Tinker Creek Surveys for Funny River Project
•Approval of Contract with Mullikin Surveys for Eagleaerie Project
•Approval of Contract with Segesser Surveys for Ocean Drive Loop Project
•Approval of Contract with Tinker Creek Surveys for Forest Glen Project
•Approval of Contract with Tinker Creek Surveys for Kenai East Project
b.Approval of Bid Award and Contract with Alaskan Industries, Inc. for Chapman Elementary MP Room Floor Refinishing
c.Approval of Bid Award and Contract with Alaskan Industries, Inc. for Ninilchik School MP Room Floor Refinishing
d.Approval of Contract with Norris & Sons Contractors for Application of Calcium Chloride to North Region KPB Roads
e.Approval of Contract with Metco, Inc. for Application of Calcium Chloride to East Region KPB Roads
f.Approval of Contract with 2 Bears Trucking for Application of Calcium Chloride to Central and South Region KPB Roads
g.Approval of Bid Award to ARS, Inc. for Locker Room Pool Deck Flooring Replacement at Kenai Central High School
2. Other
a. Kenai Borough Employees Association Scholarship Recipients
b. Memo from Bill Popp, Special Assistant to the Mayor, updating CSSB 231 Capital Projects Within the KPB
(08:24:22)
ITEMS NOT COMPLETED FROM PRIOR AGENDA - None
(08:33:17)
PUBLIC HEARINGS ON ORDINANCES
Ordinance 2006-21: Amending KPB Chapter 5.12 to Require That a Senior Citizen or Disabled Veteran must Be Eligible for a Permanent Fund Dividend for the Same Year or for the Immediately Preceding Year in Order to Receive the First $150,000 Exemption from the Assessed Value of Real Property and That, in Order to Qualify for the Unlimited Exemption above $150,000, the Senior Citizen or Disabled Veteran must Have Been Absent from the Kenai Peninsula Borough for No More than 90 Days in the Calendar Year with Certain Exceptions and Have Met a Residency Requirement (Superman, Germano) (Referred to Policies and Procedures Committee)
MOTION: Chay moved to enact Ordinance 2006-21.
Assembly Member Chay stated the ordinance would allow for tighter regulations on the senior citizen property tax exemption program.
President Long opened the public comment period.
The following people spoke in opposition to Ordinance 2006-21:
Herman Fandel, 702 Lawton Drive, Kenai
William Phillips, 905 Auk Street, Kenai
Preston Williams, 2565 Watergate Way, Kenai
There being no one else who wished to speak, the public comment period was closed.
Assembly Members Superman, Gilman and Germano spoke in support of Ordinance 2006-21.
MOTION TO POSTPONE: Superman moved to postpone Ordinance 2006-21 until July 11, 2006.
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
(08:59:00)
Ordinance 2006-20: Authorizing the Mayor to Enter into an Agreement to Purchase the Assets of Heritage Place, a 60-Bed Skilled Nursing Facility, Which Would Be Leased and Operated by Central Peninsula General Hospital, Inc. (Mayor) (Referred to Finance Committee)
MOTION: Superman moved to enact Ordinance 2006-20.
Assembly Member Superman stated the ordinance would authorize the Central Peninsula Hospital to purchase the Heritage Place Facility for a sale price of $999,999.
President Long opened the public comment period.
The following people spoke in support of Ordinance 2006-20:
Alyson Stogsdill, 265 Arlington Court, Soldotna
Kathy Gensel, Heritage Place Advisory Board Chair, PO Box 3398, Soldotna
Vincent O’Reilly, Heritage Place, Soldotna
Lela Rosin, 395 Endicott Drive, Soldotna
Gladis Deer, PO Box 1798, Soldotna
Carol Taurianen Ernst, PO Box 7092, Nikiski
Nancy Lemay, PO Box 3082, Soldotna
Dennis Murray, 247 W. Corral Avenue, Soldotna
Ryan Smith, CPGH Inc. CEO, 250 Hospital Place, Soldotna
Preston Williams, 2565 Watergate Way, Kenai
Phillis Snow, PO Box 1322, Soldotna
There being no one else who wished to speak, the public comment period was closed.
Assembly Member Fischer spoke in opposition to Ordinance 2006-20.
Neal Duperron, Central Kenai Peninsula Hospital Service Area Board Vice Chair, 470 W. Katmai, Soldotna, answered questions from the assembly regarding the proposed acquisition of Heritage Place.
Assembly Members Sprague, Chay, Merkes, Martin and Gilman spoke in support of Ordinance 2006-20.
MOTION TO AMEND: Superman moved to amend Ordinance 2006-20 as follows:
Renumber Ordinance 2006-20 as Ordinance 2005-19-52.
Title to read, “Authorizing the Mayor to Enter into an Agreement to Purchase the Assets of Heritage Place, a 60-Bed Skilled Nursing Facility, Which Would Be Leased and Operated by Central Peninsula General Hospital, Inc., and Appropriating $999,999 for Such Acquisition”
MOTION TO AMEND PASSED: Unanimous.
MOTION TO AMEND: Superman moved to amend Ordinance 2005-19-52 as follows:
Insert a new section 4 to read, “The sum of $999,999 is appropriated from the CPGH, Inc. Plant Replacement and Expansion fund to Account No. 490.81111.06CH1.49999 for the acquisition of Heritage Place assets as authorized by this ordinance.”
Renumber the following sections accordingly.
MOTION TO AMEND PASSED: Unanimous.
MOTION TO AMEND: Superman moved to amend Ordinance 2005-19-52 as follows:
10th Whereas to read,“at its meeting of May 8, 2006, the Central Kenai Peninsula Hospital Service Area board recommended enactment; and”
Final Whereas to read, “at its meeting of March 30, 2006, the Central Peninsula General Hospital, Inc. board of directors recommended acquisition of the Heritage Place Facility by the Kenai Peninsula Borough;”
MOTION TO AMEND PASSED: Unanimous.
Assembly Member Fischer spoke in opposition to Ordinance 2005-19-52.
Assembly Member Germano spoke in support of Ordinance 2005-19-52.
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Germano, Gilman, Martin, Merkes, Sprague, Superman, Long
No: Fischer
Absent: None
MOTION TO ENACT AS AMENDED PASSED: 8 Yes, 1 No, 0 Absent
MOTION: Martin moved to suspend the rules and address Resolution 2006-046 as the next item of business.
MOTION PASSED: Unanimous.
(10:22:14)
NEW BUSINESS
Resolution 2006-046: Authorizing Award of a Contract for the South Peninsula Hospital, East Addition and Alterations (Mayor) (Referred to Finance Committee)
MOTION: Superman moved to adopt Resolution 2006-046.
President Long called for public comment.
The following person spoke in support of Resolution 2006-046:
Barbara Howard, 629 Rangeview Avenue, Homer
There being no one else who wished to speak, the public comment period was closed.
MOTION TO AMEND: Superman moved to amend Resolution 2006-046 as follows:
Second whereas to read, “the low responsive bid submitted by Cornerstone Construction Co., of Anchorage, Alaska, is fair and reasonable, and the bidder is qualified to perform the work; and”
Section 1 to read, “The mayor is authorized to award the contract to Cornerstone Construction Co. to perform the work of the Base Bid, Additive Alternate #2, and Special Unit work at a lump sum amount of $12,005,000.”
MOTION TO AMEND PASSED: Unanimous.
VOTE ON MOTION TO ADOPT AS AMENDED:
Yes: Chay, Fischer, Germano, Gilman, Martin, Merkes, Sprague, Superman, Long
No: None
Absent: None
MOTION TO ADOPT AS AMENDED PASSED: 9 Yes, 0 No, 0 Absent
MOTION: Superman moved to suspend the rules and address Ordinance 2005-19-49 as the next item of business.
MOTION PASSED: Unanimous.
(10:26:00)
Ordinance 2005-19-49: Appropriating Funding for Replacement of the Disinfection System at the North Peninsula Recreation Service Area Pool Facility (Mayor) (Referred to Finance Committee)
MOTION: Superman moved to enact Ordinance 2005-19-49.
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
(10:28:48)
Ordinance 2005-19-47: Appropriating $1,000,000 From the Borough’s General Fund Balance to Reimburse the CES Capital Project Fund for its Contribution for Construction of an Emergency Response Center (Mayor) (Referred to Finance Committee)
MOTION: Superman moved to enact Ordinance 2005-19-47.
Assembly Member Superman stated the ordinance would allow for the reimbursement of $1,000,000 to the Central Emergency Service Area.
President Long opened the public comment period.
The following people spoke in support of Ordinance 2005-19-47:
Len Malmquist, PO Box 3472, Soldotna
Mark Osterman, PO Box 1027, Kasilof
There being no one else who wished to speak, the public comment period was closed.
Assembly Members Germano, Merkes and Martin spoke in support of Ordinance 2005-19-47.
Assembly Members Chay, Gilman and Superman spoke in opposition to Ordinance 2005-19-47.
President Long passed the gavel to Vice President Sprague and spoke in opposition to Ordinance 2005-19-47. Vice President Sprague returned the gavel to President Long.
Assembly Member Fischer spoke in opposition to Ordinance 2005-19-47.
VOTE ON MOTION TO ENACT:
Yes: Germano, Martin, Merkes
No: Chay, Fischer, Gilman, Sprague, Superman, Long
Absent: None
MOTION TO ENACT FAILED: 3 Yes, 6 No, 0 Absent
MOTION: Sprague moved to suspend the rules and extend the legislative deadline by one half hour until Midnight.
MOTION PASSED: Unanimous.
(11:14:40)
Ordinance 2006-01 (Martin) Substitute: Repealing KPB Chapter 21.26 and Enacting KPB Chapter 21.29, Material Site Permits (Martin) (Third of Four Hearings) (Referred to Lands Committee)
[There was a motion to enact on the floor from the April 4, 2006 meeting.]
Assembly Member Martin stated she, Mr. Chay and the Planning Department would continue to work on the ordinance and incorporate the suggestions from the May 4, 2006 work session.
President Long opened the public comment period with none being offered.
MOTION TO POSTPONE: Martin moved to postpone Ordinance 2006-01 (Martin) Substitute until its next scheduled hearing on August 1, 2006.
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
(11:15:34)
Ordinance 2006-13 (Mayor) Substitute: Amending the Tax Code to Increase the Motor Vehicle Tax (Mayor) (Referred to Finance Committee)
[There was a motion to enact on the floor from the May 2, 2006 meeting.]
President Long opened the public comment period.
The following people spoke in opposition to Ordinance 2006-13 (Mayor) Substitute:
Jimmy Doyle, PO Box 582, Soldotna
Preston Williams, 2565 Watergate Way, Kenai
There being no one else who wished to speak, the public comment period was closed.
Assembly Members Germano and Gilman spoke in opposition to Ordinance 2006-13 (Mayor) Substitute.
MOTION TO POSTPONE: Gilman moved to postpone Ordinance 2006-13 (Mayor) Substitute until June 6, 2006.
Assembly Members Germano and Superman spoke in opposition to postponement.
Assembly Member Martin spoke in support of postponement.
VOTE ON MOTION TO POSTPONE:
Yes: Gilman, Martin, Sprague
No: Chay, Fischer, Germano, Merkes, Superman, Long
Absent: None
MOTION TO POSTPONE FAILED: 3 Yes, 6 No, 0 Absent
Assembly Members Superman and Merkes spoke in opposition to Ordinance 2006-13 (Mayor) Substitute.
VOTE ON MOTION TO ENACT:
Yes: None
No: Chay, Fischer, Germano, Gilman, Martin, Merkes, Sprague, Superman, Long
Absent: None
MOTION TO ENACT FAILED: 0 Yes, 9 No, 0 Absent
(11:36:00)
Ordinance 2006-17: Amending KPB 5.12.100 to Exempt Senior Housing in Ninilchik from Real Property Taxation (Fischer) (Referred to Policies and Procedures Committee)
MOTION: Chay moved to enact Ordinance 2006-17.
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
[Clerk's Note: Merkes gave notice of reconsideration on Ordinance 2005-19-47.]
(11:37:15)
Ordinance 2006-18: Amending KPB 2.60.035 to Increase the E911 Surcharge on Local Exchange Wireless Telephones from $.75 to $1.15 Per Month (Mayor) (Referred to Finance Committee)
MOTION: Chay moved to enact Ordinance 2006-18.
President Long opened the public comment period, with none being offered.
Assembly Members Superman and Germano spoke in opposition to Ordinance 2006-18 as written.
VOTE ON MOTION TO ENACT:
Yes: Chay, Germano, Gilman, Martin, Merkes, Sprague, Long
No: Fischer, Superman
Absent: None
MOTION TO ENACT PASSED: 7 Yes, 2 No, 0 Absent
(11:44:17)
Ordinance 2006-19: Appropriating Funds for Fiscal Year 2006-2007 (Mayor) (Referred to Finance Committee)
[Clerk’s Note: There was a motion to enact on the floor from the May 2, 2006 meeting.]
MOTION: Chay moved to enact Ordinance 2006-19.
President Long opened the public comment period, with none being offered.
MOTION TO POSTPONE: Sprague moved to postpone Ordinance 2006-19 until June 6, 2006.
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
(11:45:23)
UNFINISHED BUSINESS
Motion Allowing Mayor to Pursue Lawsuit Against the State of Alaska for Education Funding (Referred to Policies and Procedures)
[Clerk’s Note: There was a motion on the floor from the May 2, 2006 meeting.]
President Long called for public comment.
The following people spoke in support of the motion:
Renee Henderson, PO Box 548, Kenai
Preston Williams, 2565 Watergate Way, Kenai
There being no one else who wished to speak, the public comment period was closed.
MOTION TO AMEND BY SUBSTITUTION: Sprague moved to amend the motion with the following substitute:
“As the assembly agrees that the borough should seriously consider pursuing a lawsuit against the State of Alaska regarding inadequate state education funding the mayor is authorized to investigate and formulate a plan that may include legal options available to the borough to pursue such an action. Before proceeding formally with a lawsuit against the state on this matter the mayor shall first present a plan of action to the assembly
and obtain further authorization to proceed.”
MOTION PASSED: Unanimous.
MOTION TO AMEND: Sprague moved to amend the motion as follows:
“[AS] T[t]he Assembly [AGREES] and the Mayor believe that the borough should [SERIOUSLY] consider pursuing a lawsuit against the State of Alaska regarding inadequate and/or inequitable state K-12 education funding. The mayor is authorized to investigate and formulate a plan that may include legal options available to the borough to pursue such an action. Before proceeding formally with a lawsuit against the state on this matter the mayor shall first present a plan of action to the assembly and obtain further authorization to proceed.”
MOTION TO AMEND PASSED: Unanimous.
VOTE ON MOTION AS AMENDED:
Yes: Chay, Fischer, Germano, Gilman, Martin, Merkes, Sprague, Superman, Long
No: None
Absent: None
MOTION PASSED: 9 Yes, 0 No, 0 Absent
NEW BUSINESS
(11:57:51)
Resolution 2006-047: Authorizing the Mayor to Solicit Proposals to Broadcast Assembly Meetings via Radio (Martin) (Referred to Policies and Procedures Committee)
MOTION: Chay moved to adopt Resolution 2006-047.
President Long called for public comment.
The following person spoke in opposition to Resolution 2006-047:
David Anderson, PO Box 475, Anchor Point
There being no one else who wished to speak, the public comment period was closed.
Having reached the legislative deadline, President Long adjourned the meeting at 11:59 p.m.
I certify the above represents accurate minutes of the Kenai Peninsula Borough Assembly meeting of May 16, 2006.