CALL TO ORDER

A Regular Meeting of the Kenai Peninsula Borough Assembly was held on June 20, 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 Phil Edgerly from Reflection Lake Chapel in Kasilof.

There were present:

             Ron Long, Presiding

             Dan Chay

             Paul Fischer

             Milli Martin

            Grace Merkes

             Pete Sprague

            Gary Superman

comprising a quorum of the assembly.

Absent:

Deb Germano (excused)

            Margaret Gilman (excused)

Also in attendance were:

            John J. Williams, Mayor

            Colette Thompson, Borough Attorney

            Johni Blankenship, Deputy Clerk

Rosalie Elliott, Administrative Assistant

COMMITTEE REPORTS                                                                                                                (7:03:37)

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.

APPROVAL OF AGENDA AND CONSENT AGENDA                                                                                                           (7:18:45)

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The following item was withdrawn by the sponsor:

•          Resolution 2006-062: Requesting that the Federal and State Governments Provide an Adequate Level of Oil Spill Prevention and Response for Kachemak Bay; the Primary Port of Refuge for Cook Inlet and the Gulf of Alaska (Martin, Germano) (Referred to Policies and Procedures Committee)

Copies having been made available to the public, Deputy Borough Clerk Johni Blankenship noted by title only the resolutions, ordinances and minutes on the consent agenda.

•          June 6, 2006 Regular Assembly Meeting Minutes

•          Resolution 2006-055: Authorizing Award of a Contract for Ambulance Billing Services for Central Emergency Services, Nikiski Fire Service Area and Bear Creek Fire Service Area (Mayor) (Referred to Finance Committee)

•          Resolution 2006-056: Authorizing Award of a Contract for Professional and Design Services for the Bear Creek Fire Service Area Public Safety Building (Mayor) (Referred to Finance Committee)

•          Resolution 2006-057: Authorizing Capital Improvement Project Cost Allocation and Award of Contract for the Hutler Road Capital Improvement Project (Mayor) (Referred to Finance Committee)

•          Resolution 2006-058: Authorizing the Mayor to Execute an Agreement with Funny River Emergency Services, Inc. On Behalf of the Borough and Central Emergency Service Area to Acquire the Funny River Emergency Services Fire Station, Equipment, and Supplies, and to Provide Certain Services (Mayor) (Referred to Finance Committee)

[Clerk’s Note: A Technical Amendment was made to Resolution 2006-058 as follows: Final whereas to read, “at its meeting of June 12, 2006, the Kenai Peninsula Borough Planning Commission recommended adoption by unanimous consent; and”]

•          Resolution 2006-059 Authorizing Participation in the State’s Community Development Block Grant Program in Cooperation with the Anchor Point Fire and Emergency Service Area (Mayor) (Referred to Policies and Procedures Committee)

•          Resolution 2006-060: Authorizing Transfer of Funds from a Cancelled Project to the Bear Creek Fire Service Area Public Safety Building Design Project (Mayor) (Referred to Finance Committee)

[Clerk’s Note: A Technical Amendment was made to Resolution 2006-058 as follows: Second whereas to read, “proposals for professional and design services for the BCFSA Public Safety Building were received on May 25, 2006 and a contract is scheduled to be awarded through Resolution 2006-056 at the June 20, 2006 assembly meeting; and”]

•          Resolution 2006-061: Transferring Funds Between Departments to Cover Costs in Excess of Budgeted Amounts (Mayor) (Referred to Finance Committee)

•          Resolution 2006-063: Recommending Transfer of Maintenance Responsibility of Roads from the State Department of Transportation and Public Facilities to the Kenai Peninsula Borough after the State Upgrades and Paves Certain Kenai Peninsula Borough Roads to Kenai Peninsula Borough Road Service Area Standards (Mayor) (Referred to Policies and Procedures Committee)

[Clerk’s Note: Technical amendments were made to Resolution 2006-063 as follows: Title to read, “ Recommending Transfer of [OWNERSHIP AND] Maintenance Responsibility of Roads from the State Department of Transportation and Public Facilities to the Kenai Peninsula Borough after the State Upgrades and Paves Certain Kenai Peninsula Borough Roads to Kenai Peninsula Borough Road Service Area Standards”; Second whereas to read, “the RSA board at its June 13, 2006 meeting recommended approval through RSA Resolution 2006-07; and”]

•          Ordinance 2006-29: Providing for the Submission to the Qualified Voters of Kenai Peninsula Borough, Alaska, at an Election in and for the Kenai Peninsula Borough on October 3, 2006, the Question of the Issuance of Not to Exceed Two Million Five Hundred Eighty-Eight Thousand Dollars ($2,588,000) of General Obligation Bonds of the Kenai Peninsula Borough to Pay Costs of Educational Capital Improvements in the Kenai Peninsula Borough (Mayor) (Hearing on 08/01/06) (Referred to Policies and Procedures Committee)

•          Ordinance 2005-19-55: Redirecting Funds Previously Appropriated for Software Licensing to Transfers to the General Government Capital Project Fund and Appropriating the Funds to Cover Estimated Travel Costs Associated with the New Computer Aided Mass Appraisal (CAMA) and Tax Billing System (Mayor) (Hearing on 08/01/06) (Referred to Finance Committee)

•          Petition to Vacate Trenchant Street, a 60-foot Right-of-Way, Dedicated by Miller Homestead Subdivision (Plat KN 96-05); within Section 19, Township 7 North, Range 11 West, Seward Meridian, Alaska; and Within the Kenai Peninsula Borough; KPB File 2006-092; NOTE: Alternate Right of Way is Proposed to be Dedicated; Petitioners: Sharon K. Lamm of Salem Oregon, Sandra Jones, Johnnie Stolz & Philip Stolz of Nikiski, Alaska; Location: South of Bastien Drive in Nikiski (Referred to Lands Committee)

[Clerk’s Note: Assembly Member Superman declared a conflict as he was related to the petitioners. President Long ruled a conflict did exist and Assembly Member Superman abstained from voting.]

[Clerk’s Note: The Planning Commission approved the above referenced vacation by unanimous consent at its regularly scheduled May 22, 2006 meeting.]

•          Petition to Vacate Ji-Anna Loop, a 60-foot Right-of-Way Dedicated by Ji-Anna Subdivision Phase 2 (Plat KN 2004-82) and Associated Utility Easements; Within Section 5, Township 5 North, Range 9 West, Seward Meridian, Alaska; and Within the Kenai Peninsula Borough; KPB File 2006-090; Petitioners: James D. And Anna B. Lipps of Soldotna, Alaska; Location: North of Robinson Loop Road (Referred to Lands Committee)

[Clerk’s Note: The Planning Commission approved the above referenced vacation by unanimous consent at its regularly scheduled May 22, 2006 meeting.]

•          Authorizing an Application for New Liquor License Filed by Jon L. & Nelda J. Osgood d/b/a Tutka Bay Wilderness Lodge at Tutka Bay (Referred to Finance Committee)

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

AGENDAS APPROVED AS AMENDED:              Unanimous.

(7:29:40)

COMMENDING RESOLUTIONS AND PROCLAMATIONS

President Long presented a commending resolution to Catherine Mayer, Borough Solid Waste Director.

(7:29:55)

PRESENTATIONS WITH PRIOR NOTICE

Cathy Mayer, KPB Solid Waste Director, addressed the assembly regarding her 22 year career as the Borough Solid Waste Director.

(7:41:01)

PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA

President Long called for public comment with none being offered.

REPORTS OF COMMISSIONS AND COUNCILS - None

MAYOR’S REPORT                                                                                                                        (7:41:30)

            1.         Agreements and Contracts

                        a.         Approval to Proceed with Purchase of Uninterruptible Power Supply (UPS) for Central Computer Operations Center

                        b.         Approval to Negotiate a Sole Source Agreement with Port Graham Services (PGS) for Operations and Maintenance of Port Graham Landfill

                        c.         Approval to Purchase Exercise Equipment from Life Fitness for CES Personnel

                        d.         Approval of Bid Award to Great Bear Ford for Purchase of 1-Ton 4x4 Flatbed Crew Cab

                        e.         Approval of Eagle Lake Gravel Site Concessionaires Agreement between KPB and East Road Services, Inc.

            2.         Other

a.Revenue – Expenditure Report – May 2006

b.Budget Revisions – May 2006

(7:42:41)

PUBLIC HEARINGS ON ORDINANCES

Ordinance 2005-19-53: Authorizing the Purchase of Hologic/Lorad —IV Platinum Mammography System with Stereotactic Biopsy Attachment for Central Peninsula General Hospital at a Cost Not to Exceed $211,499 with Funding to Be Appropriated from the CPGH, Inc. Plant Replacement and Expansion Fund (Mayor) (Referred to Finance Committee)

MOTION:                                                                  Superman moved to enact Ordinance 2005-19-53.

Assembly Member Superman stated the ordinance would authorize the replacement of an antiquated and fully depreciated piece of mammography equipment.

President Long called for public comment with none being offered.

VOTE ON MOTION TO ENACT:

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

No:                                                                              None

Absent:                                                                       Germano, Gilman

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

(7:44:50)

Ordinance 2005-19-54: Appropriating $2,500,000 for the Central Emergency Service Area to Pay the Costs of Planning, Designing, Constructing, Equipping, and Financing a Fire Station in Kasilof, Acquiring and Renovating the Fire Station in the Funny River Area, and Related Capital Improvements in the Central Emergency Service Area with Funding Provided by Issuance of $2,500,000 in Central Emergency Service Area General Obligation Bonds (Mayor) (Referred to Finance Committee)

MOTION:                                                                  Superman moved to enact Ordinance 2005-19-54.

Assembly Member Superman stated the ordinance was the final step of the Central Emergency Service Area expansion and appropriated the funds for construction of the Kasilof station and for the remodel of the Funny River station.

President Long called for public comment with none being offered.

VOTE ON MOTION TO ENACT:

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

No:                                                                              None

Absent:                                                                       Germano, Gilman

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

(7:46:52)

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) (Referred to Finance Committee)

MOTION:                                                                  Superman moved to enact Ordinance 2006-24.

President Long called for public comment with none being offered.

MOTION TO AMEND:                                             Superman moved to amend Ordinance 2006-24 as follows:

Final whereas to read, “the KPB Planning Commission at its regularly scheduled meeting of May 22, 2006, recommended enactment by unanimous consent;”

MOTION TO AMEND PASSED:                             Unanimous.

VOTE ON MOTION TO ENACT AS AMENDED:

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

No:                                                                              None

Absent:                                                                       Germano, Gilman

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

(7:49:30)

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) (Referred to Lands Committee)

MOTION:                                                                  Martin moved to enact Ordinance 2006-25.

President Long called for public comment with none being offered.

MOTION TO AMEND:                                             Martin moved to amend Ordinance 2006-25 as follows:

Eight whereas to read, “the South Peninsula Hospital Service Area Board at its regularly scheduled meeting of May 11, 2006 recommended enactment; and”

MOTION TO AMEND PASSED:                             Unanimous.

MOTION TO AMEND:                                             Martin moved to amend Ordinance 2006-25 as follows:

Ninth whereas to read, “the KPB Planning Commission at its regularly scheduled meeting of May 22, 2006 recommended enactment by unanimous consent.”

MOTION TO AMEND PASSED:                             Unanimous.

MOTION TO AMEND:                                             Martin moved to amend Ordinance 2006-25 as follows:

Section 3 to read, “That the Mayor is authorized negotiate and enter into an agreement providing for: expanding KPB’s leasehold interest to include the area described

as Tract A-1 South Peninsula Hospital Subdivision substantially as shown on thepreliminary Plat, KPB file 2005-122; andextending the KPB’s leasehold term to June 30, 2105 as to the said property.”

MOTION TO AMEND PASSED:                             Unanimous.

VOTE ON MOTION TO ENACT AS AMENDED: 

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

No:                                                                              None

Absent:                                                                       Germano, Gilman

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

(7:55:03)

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) (Referred to Policies and Procedures Committee)

MOTION:                                                                  Chay moved to enact Ordinance 2006-26.

President Long called for public comment with none being offered.

MOTION TO POSTPONE:                                       Sprague moved to postpone Ordinance 2006-26 until the July 11, 2006 meeting.

VOTE ON MOTION TO POSTPONE: 

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

No:                                                                              None

Absent:                                                                       Germano, Gilman

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

(7:57:07)

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) (Referred to Policies and Procedures Committee)

MOTION:                                                                  Chay moved to enact Ordinance 2006-27.

Assembly Member Chay stated the ordinance generated quite a bit of discussion during the Policies and Procedures committee and the administration had recommended tabling the ordinance in order to give them an opportunity to work with the service area board to rewrite the ordinance.

President Long called for public comment with none being offered.

MOTION TO TABLE:                                              Martin moved to table Ordinance 2006-27.

VOTE ON MOTION TO TABLE: 

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

No:                                                                              None

Absent:                                                                       Germano, Gilman

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

(7:58:40)

Ordinance 2006-28: Extending the July 1, 2006, Termination Date of Ordinance 2000-50 to Allow Continued Emergency Harvest of Spruce Bark Beetle Killed Timber (Mayor) (Referred to Lands Committee)

MOTION:                                                                  Martin moved to enact Ordinance 2006-28.

President Long called for public comment with none being offered.

MOTION TO AMEND:                                             Martin moved to amend Ordinance 2006-28 as follows:

Final whereas to read, “Kenai Peninsula Borough Planning Commission recommended enactment of the ordinance by unanimous consent at its June 12, 2006 meeting;”

MOTION TO AMEND PASSED:                             Unanimous.

MOTION TO AMEND:                                             Martin moved to amend Ordinance 2006-28 as follows:

Section 1 to read, “That the repeal date of July 1, 2006 of Ordinance 2000-50, as amended by Ordinance 2003-21, is hereby [EXTENDED TO JULY 1, 2009] repealed. The continuation of this ordinance is subject to the appropriation and availability of funds unless terminated earlier by the Assembly.”

MOTION TO AMEND PASSED:                             Unanimous.

VOTE ON MOTION TO ENACT AS AMENDED: 

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

No:                                                                              None

Absent:                                                                       Germano, Gilman

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

(8:02:01)

PUBLIC COMMENTS AND PUBLIC PRESENTATIONS - None

ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS

•          The next regular meeting of the Kenai Peninsula Borough Assembly was scheduled for July 11, 2006, at 7:00 p.m. in the Borough Assembly Chambers at the Borough Administration Building, Soldotna, Alaska.

(8:02:02)

ASSEMBLY COMMENTS

Assembly Member Martin commended the Mayor on the formation of the Solid Waste Task Force and stated the in-depth review would be beneficial for the citizens of the borough regardless of the outcome. She also announced the KPB Geographic Information Services Department would be receiving an award in August for their advances in technology and for the information available on their website.

Assembly Member Superman wished Cathy Mayer the best of luck in her future and stated she would be greatly missed as she was a leader in her industry. He commended the Mayor for his efforts in working with Tesoro in order to avoid future costly appeals.

Assembly Member Merkes commended Cathy Mayer for her service over the past 22 years and stated she had enjoyed working with her.

Assembly Member Chay also extended his compliments to Ms. Mayer and stated she was always very professional and easy to work with.

Vice President Sprague commended the staff of the Clerk’s Office for their efficiency during the day in the absence of the Borough Clerk.

President Long thanked Ms. Mayer for her service to the borough and to the citizens of the borough.

(8:10:56)

ADJOURNMENT

With no further business to come before the assembly, President Long adjourned the meeting at 8:11 p.m.

I certify the above represents accurate minutes of the Kenai Peninsula Borough Assembly meeting of June 20, 2006.