Assembly meeting minutes

Kenai Peninsula Borough

Assembly Meeting Minutes

July 11, 2006 - 7:00 p.m. Regular Meeting - Soldotna, Alaska

CALL TO ORDER

A Regular Meeting of the Kenai Peninsula Borough Assembly was held on July 11, 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 Pastor Jim Pearson from the Lutheran Church in Sterling.

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 (7:02:38)

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.

APPROVAL OF AGENDA AND CONSENT AGENDA (7:16:54)

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.

MOTION TO AMEND: Sprague moved to amend the public hearing date on Ordinance 2006-31 as follows: Shortened Hearing on August 1[5], 2006.

VOTE ON MOTION TO

AMEND HEARING DATE:

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

No: Gilman, Merkes, Superman

Absent: None

MOTION TO AMEND

HEARING DATE PASSED: 6 Yes, 3 No, 0 Absent

The following item was added to the consent agenda:

• Resolution 2006-066: Providing Authority to Participate in the Mulit-Use Facility Grant Program on Behalf of Bear Creek Fire Service Area for Design Funds for a Public Safety Building (Mayor) (Referred to Finance Committee)

The following item was moved from the consent agenda to the regular agenda:

• Ordinance 2006-31: Eliminating the Sunset Date of Ordinance 2001-27, Relating to the Authority to Exercise Transportation Funding Powers (Mayor) (Shortened Hearing on 08/01/06) (Referred to Legislative 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.

• June 20, 2006 Regular Assembly Meeting Minutes

• Resolution 2006-064: Authorizing Award of Contracts for the Kenai Peninsula Borough Fleet Replacement FY2007 (Mayor) (Referred to Finance Committee)

• Resolution 2006-065: Authorizing Award of a Contract for Kenai Central High School Asphalt Replacement Project 2006 (Mayor) (Referred to Finance Committee)

• Ordinance 2006-19-01: Accepting and Appropriating on Behalf of Kachemak Emergency Service Area a Rural Fire Assistance Grant from the Alaska Department of Natural Resources (Mayor) (Hearing on 08/15/06) (Referred to Finance Committee)

• Ordinance 2006–19-02: Accepting and Appropriating $10,000 from Michael Anderson as a Public Interest Contribution to Develop and Conduct an Environmental Protection Symposium on Gravel Pits and Gravel Pit Operation (Mayor) (Hearing on 08/15/06) (Referred to Policies and Procedures Committee)

• Ordinance 2006-19-03: To Apply Revenue of $702,515 Received From the State of Alaska Department of Administration, Division of Retirement & Benefits, to the Borough’s Unfunded Public Employees Retirement System Liability (Mayor) (Hearing on 08/15/06) (Referred to Finance Committee)

• Ordinance 2006-19-04: Accepting and Appropriating on Behalf of Bear Creek Fire Service Area Two Fire Assistance Grants from the Alaska Department of Natural Resources (Mayor) (Hearing on 08/15/06) (Referred to Finance Committee)

• Ordinance 2006-19-05: Accepting and Appropriating a Direct Lump Sum Payment of $2,069,000 from the U.S. Forest Service for Spruce Bark Beetle Mitigation Program Work (Mayor) (Hearing on 08/15/06) (Referred to Finance Committee)

• Ordinance 2006-30: Amending Chapter 5.20 of the Kenai Peninsula Borough Code Regarding Funds and Account Groups (Mayor) (Hearing on 08/15/06) (Referred to Finance Committee)

• Ordinance 2006-32: Amending Chapter 5.04 of the Kenai Peninsula Borough Code Regarding Budget Procedures (Mayor) (Hearing on 08/15/06) (Referred to Policies and Procedures Committee)

• Ordinance 2006-33: Amending KPB 17.50.030 and 17.50.035 to Facilitate Removal of Hazard Trees on Borough Land (Mayor) (Hearing on 08/15/06) (Referred to Lands Committee)

• Confirming Appointments to the Kenai Peninsula Borough Planning Commission (Referred to Policies and Procedures Committee)

Member Area Represented Term Expires

Paulette M. Bokenko-Carluccio City of Seldovia July 31, 2009

Brent Johnson Kasilof/Clam Gulch July 31, 2009

Blair J. Martin Kalifornsky Beach July 31, 2009

James Isham Sterling July 31, 2009

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

AGENDAS APPROVED AS AMENDED: Unanimous.

(7:26:47)

COMMENDING RESOLUTIONS AND PROCLAMATIONS

Mayor Williams presented a Certificate of Achievement for Excellence in Financial Reporting to KPB Finance Director Craig C. Chapman.

(7:31:50)

PRESENTATIONS WITH PRIOR NOTICE

Sherman C. ‘Red’ Smith addressed the Assembly regarding, “Your Rights to Trial by Jury, Your Liberty, and Rogue Judges.”

(7:43:16)

PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA

President Long called for public comment.

Mike Wiley, PO Box 83, Clam Gulch, addressed the Assembly regarding the newly formed citizen based Board of Equalization.

Charles Short, 46941 Kenai Spur Highway, Soldotna, addressed the Assembly regarding efficiency in government and offered some suggestions.

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

REPORTS OF COMMISSIONS AND COUNCILS - None

MAYOR’S REPORT (7:53:20)

1. Agreements and Contracts

a. Spruce Bark Beetle Mitigation Program:

•Approval of Contract with Steve’s Tree Service for Funny River ROW Project

•Approval of Contract with Precision Milling for Eagleaerie ROW Project

•Approval of Contract with Saw Sisters for Ocean Drive Loop #1 ROW Project

•Approval of Contract with Paul’s Services for Slash Removal from Kenai Central High School

•Approval of Sole Source Contract with Alaska Map Company for GIS Technical Support for SBB Program Personnel

b.Approval of Contract with AMC Engineers for Replacement of Ozone Filtration System at North Peninsula Recreation Pool Facility

c.Approval to Waive Formal Bidding Procedures and Award Contract to Best Transit Mix for Pea Gravel for Playground Pad at Seward Elementary

d.Approval for Nikiski Fire Department to Enter into an Agreement with ProComm for Purchase of Two Radio Repeater Replacements

e.Approval of Contract with Aquatic Renovation Sys-Renosys for Locker Room and Pool Deck Flooring at Kenai Central High School

f.Approval of Bid Award to Beluga Construction Company for Soldotna Elementary School Flooring Replacement

g.Approval of Bid Award to Floor-Ever, Inc. For Homer Middle School Flooring Replacement

h.Approval of Bid Award to Floor-Ever, Inc. For Sterling Elementary School Flooring Replacement

I.Approval of Bid Award to Kluge & Associates for Schematic Design for CES Kasilof Station #6

j.Approval of Contract with Michael Goodwin & Associates for Appraisal Consulting for the 2006 Valuation Appeal of ACS of the Northland’s Utility Personal Property

k.Approval to assign McLane Consulting, Inc. For Engineering, Design, Contract Administration and Inspection for the Spruce Creek Bridge Project in Seward

2.Other

a.Litigation Status Report - June 28, 2006

b.Report from Grant Recipients - June 27, 2006

(7:58:57)

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)

[Clerk’s Note: There was a motion to enact on the floor from the May 16, 2006 meeting.]

President Long called for public comment.

The following people spoke in opposition to Ordinance 2006-21:

Charles Short, 46941 Kenai Spur Highway, Soldotna

John Grunza, 35535 King Salmon Avenue, Soldotna

Rose Marie Galloway, 35830 King Salmon Avenue, Soldotna

Arthur Krisher, 51560 Marhenke, Kenai

Bill Wirin, 847 River Estates Drive, Soldotna

Dave Lowery, 34715 Keystone Drive, Soldotna

Sherman C. “Red” Smith, PO Box 770, Cooper Landing

James McKinney, P. O. Box 112, Kenai

Bryce Noah, 44050 McLean Court, Soldotna

Vicki Pate, PO Box 7447, Nikiski

William Phillips, 905 Auk Street, Kenai

Betty Lowery, 34715 Keystone Drive, Soldotna

Don Ramsey, 35774 Carlile Drive, Soldotna

Clintis Satoff, 35555 King Salmon Avenue, Soldotna

The following people spoke in support of Ordinance 2006-21:

Kurt Reynertson, Seldovia City Manager, PO Box B, Seldovia

Hardin Terrell, 737 Fireweed, Homer

Barry Eldridge, 2679 Bowpicker Lane, Kenai

Mike Wiley, PO Box 83, Clam Gulch

Shawna Loshbaugh, 1257 Richard Berry Drive, Fairbanks

Earl Miller, 33526 Johnsons Drive, Soldotna

Tim Cashman, 265 Kobuk Court, Soldotna

Donald Vanlith, 570 Robin Drive, Kenai

Jonathon Becker, 19810 Kotzina Drive, Nikiski

Hal Rohlman, 36115 Roscoe Avenue, Sterling

Pat Porter, 310 Rogers Road, Kenai

Richard Galloway, 35830 King Salmon Avenue, Soldotna

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

MOTION TO AMEND: Sprague moved to amend Ordinance 2006-21 as follows:

Amend the title to read, “An Ordinance 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”

7th whereas to read, “it is desirable to place additional restrictions on the optional exemption above $150,000 to ensure that it is granted to senior citizens [AND DISABLED VETERANS] who intend to remain living in the borough and continue to spend a majority of their time in the Kenai Peninsula borough; and”

Section 1 5.12.105 B.1. to read, “For residents 65 years of age of older [T]to be eligible for an exemption of the first $150,000 of assessed value under paragraph A of this section the individual applying for the exemption must also meet requirements under one of the following two paragraphs:”

MOTION TO AMEND PASSED: Unanimous.

MOTION TO AMEND: Martin moved to amend Ordinance 2006-21 as follows:

Section 1. 5.12.105 B.2.a. to read, “the applicant shall have resided in the Kenai peninsula borough for at least [TWO] one years prior to the year for which the exemption above $150,000 is sought; and”

Final Whereas to read, “to further ensure that the unlimited exemption above $150,000 is only granted to persons who have demonstrated their intent to remain in the borough by having lived in the borough for [TWO] one years prior to their receipt of the unlimited exemption furthers the goal of limiting this exemption to senior citizens who contribute to the community and have demonstrated an intent to remain in the community by investing that amount of time in residing here;”

MOTION TO AMEND PASSED: Unanimous.

MOTION TO AMEND: Martin moved to amend Ordinance 2006-21 as follows:

Section 1 5.12.105 F. For purposes of determining eligibility for the first $150,000 exemption, t[T]he assessor may presume that property has not been occupied as a primary residence and permanent place of abode if the applicant occupied it for less than 183 days during the previous year [UNLESS THE APPLICANT PROVIDES SATISFACTORY EVIDENCE THAT THE FAILURE TO MEET THIS REQUIREMENT DID NOT INVOLVE OCCUPANCY OF ANOTHER DWELLING AS A PRIMARY RESIDENCE AND PERMANENT PLACE OF ABODE].

MOTION TO AMEND PASSED: Unanimous.

MOTION TO AMEND: Martin moved to amend Ordinance 2006-21 as follows:

Section 1 5.12.105 G.2. to read, “For purposes of this section, to be eligible for inclusion, a “subsidiary parcel” means the smallest portion of land which is adjacent to the primary parcel, and is necessary for the residential use of the primary parcel. Examples of a subsidiary parcel use which would qualify as necessary and beneficial for the residential use of the primary parcel include, but are not limited to, subsidiary parcels containing a well, septic system, [OR] reasonable driveway, or storage building/garage [AND PERSONAL USE GARDENS].”

MOTION TO AMEND PASSED: Unanimous.

MOTION TO AMEND: Merkes moved to amend Ordinance 2006-21 as follows:

Title to read, “An Ordinance Amending KPB Chapter 5.12 to Require That a Senior Citizen must Be Eligible for a Permanent Fund Dividend for the Same Year or for the Immediately Preceding Year in Order to Receive the First $[1]250,000 Exemption from the Assessed Value of Real Property and That, in Order to Qualify for the Unlimited Exemption above $[1]250,000, the Senior Citizen 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”

8^th whereas to read, “it is desirable to place additional restrictions on the optional exemption above $[1]250,000 to ensure that it is granted to senior citizens who intend to remain living in the borough and continue to spend a majority of their time in the Kenai Peninsula Borough; and”

Final whereas to read, “to further ensure that the unlimited exemption above $[1]250,000 is only granted to persons who have demonstrated their intent to remain in the borough by having lived in the borough for one year prior to their receipt of the unlimited exemption furthers the goal of limiting this exemption to senior citizens who contribute to the community and have demonstrated an intent to remain in the community by investing that amount of time in residing here;”

Section 1, 5.12.105 B.1. to read, “For residents 65 years of age or older to be eligible for an exemption of the first $[1]250,000 of assessed value under paragraph A of this section the individual applying for the exemption must also meet requirements under one of the following two paragraphs:”

Section 1, 5.12.105 B.2 to read, “To be eligible for an exemption for the value in excess of $[1]250,000 of assessed values under (A) of this section the individual applying for the exemption must also meet the following requirements:

a. The applicant shall have resided in the Kenai Peninsula Borough for at least one year prior to the year for which the exemption above $[1]250,000 is sought; and”

Assembly Members Martin, Germano and Gilman spoke in opposition to the amendment.

VOTE ON MOTION TO AMEND:

Yes: Merkes

No: Chay, Fischer, Gemano, Gilman, Martin, Sprague, Superman, Long

Absent: None

MOTION TO AMEND FAILED: 1 Yes, 8 No, 0 Absent

MOTION TO AMEND: Superman moved to amend Ordinance 2006-21 as follows:

Section 1, 5.12.105 B.2.b. to read, “The assessor may presume that the property has not been occupied as a primary residence and permanent place of abode if the applicant was absent from the [RESIDENCE] Kenai Peninsula Borough for more than 90 days during the previous year unless the applicant provides satisfactory evidence that the absence from the borough for more than 90 days was because the individual was:”

MOTION TO AMEND PASSED: Unanimous.

MOTION TO POSTPONE: Superman moved to postpone Ordinance 2006-21 until the September 5, 2006 meeting.

Mayor Williams spoke in support of postponing Ordinance 2006-21 in order to give the administration the opportunity to review the ordinance as amended.

Assembly Member Sprague spoke in opposition to postponement.

Assembly Member Germano spoke in support of 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 Members Gilman and Martin spoke in support of postponement.

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

(10:22:35)

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)

[Clerk’s Note: There was a motion to enact on the floor from the June 20, 2006 meeting.]

MOTION TO POSTPONE: Germano moved to postpone Ordinance 2006-26 until the September 5, 2006 meeting.

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

(10:26:00) Ordinance 2006-31: Eliminating the Sunset Date of Ordinance 2001-27, Relating to the Authority to Exercise Transportation Funding Powers (Mayor) (Hearing on 08/15/06) (Referred to Legislative Committee)

President Long called for public comment with none being offered.

MOTION: Sprague moved to introduce Ordinance 2006-31 and set for shortened hearing on August 1, 2006.

MOTION TO INTRODUCE AND

SET FOR PUBLIC HEARING PASSED: Unanimous.

PUBLIC COMMENTS AND PUBLIC PRESENTATIONS - None

ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS

• A Joint Work Session with the Assembly and the School Board was schedule for July 25, 2006 at 2:00 p.m. in the Borough Assembly Chambers at the Borough Administration Building, Soldotna, Alaska, to discuss the education lawsuit.

• The next regular meeting of the Kenai Peninsula Borough Assembly was scheduled for August 1, 2006, at 7:00 p.m. in the Borough Assembly Chambers at the Borough Administration Building, Soldotna, Alaska.

(10:32:11)

ASSEMBLY COMMENTS

Assembly Member Fischer requested information regarding the buses purchased for the Arctic Winter Games and how and where they are being used now.

Assembly Member Martin stated she attended a special information meeting in Nanwalek with the FAA, DOT and Dowl Engineering regarding proposed airports in Nanwalek and Port Graham. She attended the final day of a three day Tribal Solid Waste work shop in Seldovia. She attended a DOT informational meeting in Homer regarding area paving projects. She thanked President Long for his letter to the editor in the Seward Phoenix Log on July 6, 2006. Finally, she commented on the final version of Ordinance 2006-01 (Martin) Substitute and thanked Dan and Heidi Chay for the work session they held, as well as the Planning Department staff.

Assembly Member Gilman thanked the members of the public who testified on Ordinance 2006-21.

Assembly Member Superman thanked his fellow Assembly members for postponing Ordinance 2006-21. He believed it to be, the ultimate irony, that the majority of those people who are driving up the market value of homes and land in the area are not paying any property taxes.

Assembly Member Merkes stated she had been enjoying the summer and congratulated the Nine and Ten Year Old Boys Soldotna All-Star Little League Baseball team as the 2006 state champions.

Assembly Member Chay indicated he would not be seeking re-election in October, 2006.

Assembly Member Germano thanked all of the citizens who testified on Ordinance 2006-21. She stated her frustration with the “divide and conquer” comment during public testimony and further indicated her desire for fairness in taxation.

Vice President Sprague announced the Soldotna City Council would be discussing significant proposed bridge closures at its July 12, 2006 meeting. He announced the Soldotna Progress Days would be held at the end of July.

Mayor Williams invited the Assembly to a reception on July 25, 2006, at Central Peninsula General Hospital in the Iliamna Room to honor Dr. and Mrs. Suzuki from Akita, Japan.

President Long commented on the public comment provided on Ordinance 2006-21, stating it was very helpful. He thanked Mr. Chay for his service and stated he would miss his thoughtful insight.

(10:43:40)

ADJOURNMENT

With no further business to come before the assembly, President Long adjourned the meeting at 10:43 p.m.

I certify the above represents accurate minutes of the Kenai Peninsula Borough Assembly meeting of July 11, 2006.