Kenai Peninsula Borough Assembly Meeting Minutes |
August 15, 2006 - 7:00 p.m. Regular Meeting - Soldotna, Alaska |
CALL TO ORDER
A Regular Meeting of the Kenai Peninsula Borough Assembly was held on August 15, 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 Alan Humphries from the Soldotna 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 (7:01:46)
Assembly Member Germano said the Finance Committee met and discussed its lengthy agenda.
President Long said the Committee of the Whole met in a joint committee session with members from the Kenai Peninsula Borough School Board and Administration to discuss their agenda item.
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 (7:14:46)
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: Sprague moved to address Item P.4.a., “Approval of Ballot Proposition Summaries,” to the first item of business.
MOTION PASSED: Unanimous.
The following items were moved from the consent agenda to the regular agenda:
• Resolution 2006-073: Authorizing Capital Improvement Project Cost Allocation and Award of Contract for the Spruce Creek Bridge Replacement Capital Improvement Project (Mayor) (Referred to Finance Committee)
• Resolution 2006-075: Approving Changing the Name of Central Peninsula General Hospital to Central Peninsula Hospital (Mayor) (Referred to Policies and Procedures Committee)
• Ordinance 2006-19-18: Appropriating $400,000 from the General Fund to Support a Lawsuit Against the State of Alaska Concerning Educational Funding (Mayor) (Shortened Hearing on 09/05/06) (Referred to Committee of the Whole)
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.
• August 1, 2006 Regular Assembly Meeting Minutes
• Resolution 2006-074: Authorizing Award of a Contract for the Old Seward Middle School Demolition (Mayor) (Referred to Finance Committee)
• Resolution 2006-076: Supporting Kachemak Bay Equestrian Association’s Cottonwood Horse Park Project (Germano, Martin) (Referred to Legislative Committee)
• Ordinance 2006-19-13: Accepting and Appropriating a State Grant in the Amount of $20,000 for Purchase of Borough Property by the Kachemak Gun Club, Inc. (Mayor) (Hearing on 09/19/06) (Referred to Finance Committee)
• Ordinance 2006-19-14: Accepting and Appropriating a State Grant in the Amount of $10,000 for Purchase of Respiratory Support Equipment for Newborn Infants at South Peninsula Hospital (Mayor) (Hearing on 09/19/06) (Referred to Finance Committee)
• Ordinance 2006-19-15: Accepting and Appropriating a State Grant in the Amount of $30,000 for Pre-Development Activities for Senior Housing for Anchor Point Senior Citizens, Inc. (Mayor) (Hearing on 09/19/06) (Referred to Finance Committee)
• Ordinance 2006-19-16: Accepting a $38,500 Grant from the State of Alaska for the Borough’s Coastal Management Program (Mayor) (Hearing on 09/19/06) (Referred to Finance Committee)
• Ordinance 2006-19-17: Accepting and Appropriating a State Grant in the Amount of $17,000 for Purchase of a Brush Fire Attack Vehicle for the Anchor Point Fire and Emergency Medical Service Area (Mayor) (Hearing on 09/19/06) (Referred to Finance Committee)
President Long called for public comment with none being offered.
AGENDAS APPROVED AS AMENDED: Unanimous.
(7:20:04)
COMMENDING RESOLUTIONS AND PROCLAMATIONS - None
PRESENTATIONS WITH PRIOR NOTICE - None
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
(7:20:15)
1. Agreement and Contracts
a. Spruce Bark Beetle Mitigation Program:
•Approval of contract with Steve’s Tree Service for K-Beach Mile 3 ROW Project
•Approval of Bid Award to Paul’s Services for Ocean Drive Loop #2 ROW Project
b.Approval of Contract with Blakeley’s Auction Company for KPB Public Outcry Auctioneering Services
c.Approval of Contract with Northern Office Supply for Mobile Filing System at Kenai River Center
d.Approval of Sole Source Contract with Welding Services for Bleacher Removal at Old Seward Middle School
e.Approval to Award Contract to NGE, Inc. - Terra Firma Testing for Special Inspection Services for South Peninsula Hospital East Addition and Alterations
f.Approval to Award Contract to Columbia Restaurant & Bar Supply Company for CPGH Phase 2 Refrigerating and Icemaker
g.Approval to Award Contract to CIC Inc. for Site Development at CES Kasilof Station #6
h.Approval of Contract with McKenzie Transportation for Hauling Services from Central Peninsula Landfill to Anchorage
2. Other
a.Report from Borough Grant Recipients dated August 3, 2006
b.Budget Revisions – July 2006
c.Revenue Expenditure Report – July 2006
d. Memo from Bill Popp regarding Possible Impacts of Prudhoe Bay Shut Down on Alaska Refinery Output
ITEMS NOT COMPLETED FROM PRIOR AGENDA - None.
NEW BUSINESS
(7:24:49)
Approval of Ballot Proposition Summaries (Referred to Policies and Procedures Committee)
MOTION: Chay moved to approved the Ballot Proposition Summaries.
President Long called for public comment with none being offered.
MOTION TO AMEND: Merkes moved to amend Proposition No. 1 School Capital Improvement Bonds Ballot Summary as follows:
Yes to read, “A Yes vote approves the sale of the bonds and allows the Borough to be reimbursed [ACTIVATED THE REIMBURSEMENT OF] approximately $1,031,959 from the State of Alaska.”
MOTION TO AMEND PASSED: Unanimous.
MOTION TO AMEND: Germano moved to amend Proposition No. 1 School Capital Improvement Bonds Ballot Summary as follows:
Second paragraph to read, “The bonds shall be paid from property (general ad valorem) taxes and be secured by a pledge of the full faith and credit of the Borough. The approximate annual amount of taxes on $100,000 of assessed real and personal property value (based on 2006 assessed valuation) to retire the total debt is $2.01 per year (assuming 70 percent debt service reimbursement, [ESTIMATED TO BE $1,031,959,] from the State of Alaska which is subject to appropriation each year).
Fourth paragraph to read, “All of these projects were approved by the KPB School Board and were included in the Borough’s 2006 Legislative Priorities. The Alaska Department of Education and Early Development [MUST] has also approved these school projects as required for reimbursement.
MOTION TO AMEND PASSED: Unanimous.
President Long passed the gavel to Vice President Sprague.
MOTION TO AMEND: Long moved to amend Proposition 2, Referendum on KPB Ordinance 2006-09 Ballot Summary as follows:
Last bullet to read, “Per Section 2 of Ordinance 2005-09 t[T]he borough would tax recreational package sales on a per-person, per-day basis effective January 1, 2007, [,PURSUANT TO ORDINANCE 2006-02 EXTENDING THE EFFECTIVE DATE OF ORDINANCE 2005-09, SECTION2.]unless the effective date of Ordinance 2005-09, Section 2 is extended or Ordinance 2005-09, Section 2 is otherwise amended or repealed by the assembly prior to that date.”
MOTION TO AMEND PASSED: Unanimous.
Vice President Sprague returned the gavel to President Long.
VOTE ON MOTION TO ADOPT ALL
PROPOSITION LANGUAGE AS AMENDED:
Yes: Chay, Fischer, Germano, Gilman, Martin, Merkes, Sprague, Superman, Long
No: None
Absent: None
MOTION TO ADOPT ALL PROPOSITION
LANGUAGE AS AMENDED PASSED: 9 Yes, 0 No, 0 Absent
(7:44:07)
PUBLIC HEARINGS ON ORDINANCES
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) (Referred to Finance Committee)
MOTION: Germano moved to enact Ordinance 2006-19-01.
President Long called for public comment with none being offered.
MOTION TO AMEND: Germano moved to amend Ordinance 2006-19-01 as follows:
Fifth whereas to read, “at a regular board meeting held on July [13]6, 2006, the Service Area Board of Directors recommended acceptance of the $3,650 grant and approved expenditure of $365 to meet the match requirement; and”
MOTION TO AMEND PASSED: Unanimous.
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Fischer, Germano, Gilman, Martin, Merkes, Sprague, Superman, Long
No: None
Absent: None
MOTION TO ENACT AS AMENDED PASSED: 9 Yes, 0 No, 0 Absent
(7:46:50)
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) (Referred to Policies and Procedures Committee)
MOTION: Chay moved to enact Ordinance 2006-19-02.
President Long called for public comment with none being offered.
Assembly Members Martin and Germano spoke in opposition to Ordinance 2006-19-02.
President Long passed the gavel to Vice President Sprague and spoke in opposition to Ordinance 2006-19-02. Vice President Sprague returned the gavel to President Long.
MOTION TO AMEND: Chay moved to amend Ordinance 2006-19-02 as follows:
Title to read, “Accepting and Appropriating $10,000 from Michael Anderson as a Public Interest Contribution to Develop and Conduct a[N ENVIRONMENTAL PROTECTION] Symposium on Gravel Pits and Gravel Pit Operations, Water Rights, Environmental Issues and Mining”
Final whereas to read, “a symposium on gravel pits and gravel pit operations, water rights, environmental issues and mining, would benefit the residents of the Kenai Peninsula Borough;”
Section 1 to read, “That the Kenai Peninsula Borough hereby accepts a contribution in the amount of $10,000 from Michael Anderson for the development and presentation of a symposium on gravel pits, gravel pit operations, water rights, [AND THE] environmental issues and mining,”
Assembly Member Martin spoke in opposition to the amendment.
MOTION TO LIMIT DEBATE: Merkes called for the question to limit debate on Ordinance 2006-19-02.
MOTION TO LIMIT DEBATE PASSED: Unanimous.
VOTE ON MOTION TO AMEND:
Yes: Chay, Germano, Gilman, Sprague
No: Fischer, Martin, Merkes, Superman, Long
Absent: None
MOTION TO AMEND FAILED: 4 Yes, 5 No, 0 Absent
MOTION TO AMEND: Superman moved to amend Ordinance 2006-19-02 as follows:
Title to read, “Accepting and Appropriating $10,000 from Michael Anderson as a Public Interest Contribution to Develop and Conduct an Environmental Protection Symposium on Prescriptive Easements [GRAVEL PITS AND GRAVEL PIT OPERATION]”
Second whereas to read, “Michael Anderson would like to donate $10,000 to the Kenai Peninsula Borough as a public interest contribution for the Kenai Peninsula Borough Planning Department to develop and conduct a symposium on [GRAVEL PITS AND GRAVEL PIT OPERATIONS] prescriptive easement rights; and”
Final whereas to read, “a symposium on prescriptive easements [GRAVEL PITS AND GRAVEL PIT OPERATIONS] would benefit the residents of the Kenai Peninsula Borough;”
Section 1 to read, “That the Kenai Peninsula Borough hereby accepts a contribution in the amount of $10,000 from Michael Anderson for the development and presentation of a symposium on prescriptive easements rights [GRAVEL PITS, GRAVEL PIT OPERATIONS, AND THE ENVIRONMENT],”
Assembly Members Sprague and Martin spoke in opposition to the amendment.
Assembly Member Germano spoke in support of the amendment.
VOTE ON MOTION TO AMEND:
Yes: Germano, Superman
No: Chay, Fischer, Gilman, Martin, Merkes, Sprague, Long
Absent: None
MOTION TO AMEND FAILED: 2 Yes, 7 No, 0 Absent
MOTION TO LIMIT DEBATE: Merkes called for the question to limit debate on Ordinance 2006-19-02.
VOTE ON MOTION TO LIMIT DEBATE:
Yes: Fischer, Germano, Merkes, Superman
No: Chay, Gilman, Martin, Sprague, Long
Absent: None
MOTION TO LIMIT DEBATE FAILED: 4 Yes, 5 No, 0 Absent
MOTION TO POSTPONE: Sprague moved to postpone Ordinance 2006-19-02 until September 5, 2006.
VOTE ON MOTION TO POSTPONE:
Yes: Chay, Germano, Gilman, Martin, Sprague
No: Fischer, Merkes, Superman, Long
Absent: None
MOTION TO POSTPONE PASSED: 5 Yes, 4 No, 0 Absent
(8:26:56)
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) (Referred to Finance Committee)
MOTION: Germano moved to enact Ordinance 2006-19-03.
President Long called for public comment with none being offered.
Assembly Members Superman and Germano spoke in support of Ordinance 2006-19-03.
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
(8:33:00)
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) (Referred to Finance Committee)
MOTION: Germano moved to enact Ordinance 2006-19-04.
President Long called for public comment 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
(8:34:00)
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) (Referred to Finance Committee)
MOTION: Germano moved to enact Ordinance 2006-19-05.
Assembly Member Germano stated the ordinance would accept and appropriate funds for the Spruce Bark Beetle Mitigation Program and there were no matching funds required.
President Long called for public comment with none being offered.
MOTION TO AMEND: Martin moved to amend Ordinance 2006-19-05 as follows:
Section 2 to read, “That the Phase V Program Outline attached to this ordinance [IS APPROVED AND] shall guide the administration’s expenditure of the funds.
MOTION TO AMEND PASSED: Unanimous.
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Fischer, Germano, Gilman, Martin, Merkes, Sprague, Superman, Long
No: None
Absent: None
MOTION TO ENACT AS AMENDED PASSED: 9 Yes, 0 No, 0 Absent
(8:38:06)
Ordinance 2006-19-07: Appropriating $707,000 in Central Peninsula General Hospital Plant Replacement and Expansion Fund for Patient Monitoring and Telemetry Equipment (Mayor) (Referred to Finance Committee)
MOTION: Germano moved to enact Ordinance 2006-19-07.
Assembly Member Germano stated the ordinance would allow for the replacement of outdated equipment.
President Long called for public comment 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
(8:41:11)
Ordinance 2006-19-09: Accepting and Appropriating a State Grant in the Amount of $1,800,000 for Borough-Wide Road Upgrades (Mayor) (Referred to Finance Committee)
MOTION: Germano moved to enact Ordinance 2006-19-09.
Assembly Member Germano stated she would be proposing amendments as requested by the administration.
President Long called for public comment with none being offered.
MOTION TO AMEND: Germano moved to amend Ordinance 2006-19-09 as follows:
Second whereas to read, “RSA Resolution 2006-01 and RSA Resolution 2006-03 recommends the following roads be approved by the assembly as CIP projects:
1. Raven Lane, Eagle Lane (Seward)
2. Thunder Road, Galankin Street (Nikiski)
3. Ron’s Avenue, Eddies’ Way, Jasper Lane, Lynn Court (Nikiski)
4. Rounds Road, Koehler Avenue (Nikiski)
5. Charlies’s Way, Karen Avenue (Nikiski)
6. Palmer Street, Crossman Ridge Road (Homer)
7. Juel Avenue, Kenaitze Avenue, Nielson Street (Kasilof)
8. Fairway Avenue (Kasilof)
9. Foster Avenue, Walker Street, Lopez Avenue (Sterling)
10. Spruce Creek Bridge (Seward)
11. Moat Way, Excalibur Way, Camelot Drive (Seward)
12. Kasilof River Road (Kasilof)”
MOTION TO AMEND PASSED: Unanimous.
MOTION TO AMEND: Germano moved to amend Ordinance 2006-19-09 as follows:
Fifth whereas to read, “at its meeting on August 8, 2006, the Road Service Area Board [RECOMMENDED] approved RSA Resolution 2006-11 recommending acceptance of a state legislative grant in the amount of $1,800,000 for borough-wide road upgrades; and”
MOTION TO AMEND PASSED: Unanimous.
MOTION TO AMEND: Germano moved to amend Ordinance 2006-19-09 as follows:
Section 1 to read, “That the assembly approved funding of the CIP projects listed in the Road Service Area Resolution 2006-01 not already approved, subject to the requirement that the award of a contract for each project shall be submitted to the assembly for approval by resolution. No contract may be awarded until after the grant agreement for these funds has been executed by the borough and the state.”
MOTION TO AMEND PASSED: Unanimous.
MOTION TO AMEND: Germano moved to amend Ordinance 2006-19-09 as follows:
Section 2 to read, “That the mayor is authorized to accept a grant from the Alaska Department of Commerce, Community and Economic Development in the amount of $1,800,000 for the borough-wide road improvements, and is authorized to execute a grant agreement and any other documents deemed necessary to accept and expend the grant and to fulfill the intents and purposes of this ordinance, subject to the provisions in section 1.”
MOTION TO AMEND PASSED: Unanimous.
MOTION TO AMEND: Germano moved to amend Ordinance 2006-19-09 as follows:
Section 1 to read, “That the assembly approved funding of the CIP projects listed in the Road Service Area Resolution 2006-01 and RSA Resolution 2006-03 not already approved, subject to the requirement that the award of a contract for each project shall be submitted tot he assembly for approval by resolution. No contract may be awarded until after the grant agreement for these funds has been executed by the borough and the state.”
MOTION TO AMEND PASSED: Unanimous.
Borough Attorney Colette Thompson addressed Ordinance 2006-19-09 as it related to Proposition 4, limiting capital projects, which was adopted by the voters in October of 2005. She stated Proposition 4 was inapplicable to Ordinance 2006-19-09 for the following reasons:
1. Sufficient work had arguably already been done on the Spruce Creek Bridge prior to April 15, 2005, making KPB 5.04.110 inapplicable.
2. KPB 5.04.110 was arguably unconstitutional or otherwise violated the purpose of article XI, section 7 of the Alaska Constitution by impermissibly restricting the power of a legislative body to retain control over allocation of its assets.
3. A referendum cannot be applied to appropriations or laws necessary for the immediate preservation of public health and safety.
4. The voter approval requirement contradicts AS 29.35.100(b), which states, “the governing body may make supplemental and emergency appropriations.”
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Fischer, Germano, Gilman, Martin, Merkes, Sprague, Superman, Long
No: None
Absent: None
MOTION TO ENACT AS AMENDED PASSED: 9 Yes, 0 No, 0 Absent
(9:13:15)
Ordinance 2006-19-12: Appropriating $22,925 from Kachemak Emergency Service Area Capital Projects Fund Balance for Purchase and Installation of a Fire Station Generator (Mayor) (Referred to Finance Committee)
MOTION: Germano moved to enact Ordinance 2006-19-12.
President Long called for public comment with none being offered.
MOTION TO AMEND: Germano moved to amend Ordinance 2006-19-12 as follows:
Final whereas to read, “at its regularly scheduled meeting of August 10, 2006, the KESA board recommended a total generator project budget of $46,375 and a total supplemental appropriation of $16,975;”
MOTION TO AMEND PASSED: Unanimous.
MOTION TO AMEND: Germano moved to amend Ordinance 2006-19-12 as follows:
Title to read, “Appropriating $[22,925]16,975 from Kachemak Emergency Service Area Capital Projects Fund Balance for Purchase and Installation of a Fire Station Generator”
Second whereas to read, “latest estimated indicate the cost of purchasing and installing a fire station generator to be approximately [$52,325]$46,375, and the amount available for VHF radios to remain at $5,500 for a total project cost of [$57,825]$51,875.”
Section 1 to read, “That [$22,925]$16,975 in KESA capital projects fund balance is appropriated to account 446. 51810.7HLS2.49999 for the additional cost associated with purchase and installation of a fire station generator.”
MOTION TO AMEND PASSED: Unanimous.
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Fischer, Germano, Gilman,
Martin, Merkes, Sprague, Superman, Long
No: None
Absent: None
MOTION TO ENACT AS AMENDED PASSED: 9 Yes, 0 No, 0 Absent
(9:17:19)
Ordinance 2006-30: Amending Chapter 5.20 of the Kenai Peninsula Borough Code Regarding Funds and Account Groups (Mayor) (Referred to Finance Committee)
MOTION: Martin moved to enact Ordinance 2006-30.
President Long called for public comment 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
(9:18:14)
Ordinance 2006-32: Amending Chapter 5.04 of the Kenai Peninsula Borough Code Regarding Budget Procedures (Mayor) (Referred to Policies and Procedures Committee)
MOTION: Martin moved to enact Ordinance 2006-32.
President Long called for public comment with none being offered.
MOTION TO AMEND: Chay moved to amend Ordinance 2006-32 as follows:
Section 3 KPB 5.04.100(B)(5) to read, “Capital transfers that exceed these limitations [MAY] shall be approved by assembly resolution.”
MOTION TO AMEND PASSED: Unanimous.
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Fischer, Germano, Gilman, Martin, Merkes, Sprague, Superman, Long
No: None
Absent: None
MOTION TO ENACT AS AMENDED PASSED: 9 Yes, 0 No, 0 Absent
(9:22:52)
Ordinance 2006-33: Amending KPB 17.50.030 and 17.50.035 to Facilitate Removal of Hazard Trees on Borough Land (Mayor) (Referred to Lands Committee)
MOTION: Martin moved to enact Ordinance 2006-33.
President Long called for public comment with none being offered.
Assembly Member Chay spoke in opposition to Ordinance 2006-33.
MOTION TO AMEND: Germano moved to amend Ordinance 2006-33 as follows:
Section 1 KPB 17.50.030 (C) to read, “C. Nothing contained in this title shall limit the authority of the mayor to dispose of forest resources in any manner deemed necessary in his/her discretion, whether or not for cash or other consideration, on land classified as government, institutional, utility/transportation, or waste handling, where the tract of land is less than 40 acres.
Section 1 KPB 17.50.030(D) to read, “D. Nothing contained in this title shall limit the authority of the mayor to dispose of forest resources in any manner deemed necessary in his/her discretion, whether or not for cash or other consideration where the primary purpose for removing forest resources is to remove hazard trees that are a direct threat to people or facilities. KPB 17.10.170 shall not apply to the removal of hazard trees on borough lands.”
MOTION TO AMEND: Unanimous.
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Fischer, Germano, Gilman, Martin, Merkes, Sprague, Superman, Long
No: Chay
Absent: None
MOTION TO ENACT AS AMENDED PASSED: 8 Yes, 1 No, 0 Absent
MOTION: Sprague moved to suspend the rules and address Resolution 2006-075 as the next item of business.
MOTION PASSED: Unanimous.
NEW BUSINESS
(9:50:13)
Resolution 2006-075: Approving Changing the Name of Central Peninsula General Hospital to Central Peninsula Hospital (Mayor) (Referred to Policies and Procedures Committee)
MOTION: Chay moved to adopt Resolution 2006-075.
President Long called for public comment with none being offered.
Assembly Member Gilman spoke in opposition to Resolution 2006-075.
MOTION TO AMEND: Sprague moved to amend Resolution 2006-075 as follows:
Transpose the second and third whereas clauses to read, “Whereas, “general” is rarely used today in hospital names, and dropping this term from the name of the hospital preserves its local origin and link to the past but recognizes that over the years the hospital has expanded both its physical plant and range of services; and”
“Whereas, at its meeting on June 29, 2006, the CPGH, Inc. board of directors voted unanimously to request the borough assembly approve a name change for the hospital to Central Peninsula Hospital; and”
MOTION TO AMEND PASSED: Unanimous.
VOTE ON MOTION TO ADOPT AS AMENDED:
Yes: Chay, Fischer, Germano, Martin, Merkes, Sprague, Superman, Long
No: Gilman
Absent: None
MOTION TO ADOPT AS AMENDED PASSED: 8 Yes, 1 No, 0 Absent
(9:53:00)
Resolution 2006-073: Authorizing Capital Improvement Project Cost Allocation and Award of Contract for the Spruce Creek Bridge Replacement Capital Improvement Project (Mayor) (Referred to Finance Committee)
MOTION: Germano moved to adopt Resolution 2006-073.
President Long called for public comment with none being offered.
MOTION: Germano moved to amend Resolution 2006-073 as follows:
Fifth whereas to read, “the low responsive bid on this project submitted by Swalling Construction Co., Inc. is fair and reasonable, and the bidder is qualified to perform the work; and”
Section 1 to read, “That the mayor is authorized to allocate funds for the total project cost for the following project: E3SPR, Spruce Creek Bridge Replacement, $1,195,955”;
Section 3 to read, “That the mayor is authorized to award a contract to Swalling Construction Co., Inc. to perform the work for Spruce Creek Bridge Replacement for the bid amount of $977,170;”
MOTION TO AMEND PASSED: Unanimous.
MOTION TO AMEND: Sprague moved to amend Resolution 2006-073 as follows:
Title to read, “Authorizing Capital Improvement Project Cost Allocation and Award of Contract for the Spruce Creek Bridge Replacement Capital Improvement
Project and Scheduling a Special Election Seeking Voter Approval
Insert a new section 6 and renumber the existing section 6 to 7:
New section 6 to read, “Section 6. That the following proposition shall be placed before the voters of the Road Service Area at a special by-mail election to be held on November 28, 2006:
PROPOSITION:
“Do you approve the construction of a replacement Spruce Creek Bridge for a cost in excess of $1 million? It is currently estimated that the project will cost $1,195,955.”
Yes No
New Section 7 [6] to read, “That section 6 of this resolution takes effect immediately upon its adoption. Sections 1 through 5 of this resolution shall take effect if the proposition contained in section 6 of this resolution is approved by no less than 60 percent of the voters voting on the proposition.”
Assembly Members Superman, Martin and Germano spoke in opposition to the amendment.
President Long passed the gavel to Vice President Sprague and spoke in opposition to the amendment. Vice President Sprague returned the gavel to President Long.
VOTE ON MOTION TO AMEND:
Yes: Fischer, Sprague
No: Chay, Germano, Gilman, Martin, Merkes, Superman, Long
Absent: None
MOTION TO AMEND FAILED: 2 Yes, 7 No, 0 Absent
VOTE ON MOTION TO ADOPT AS AMENDED:
Yes: Chay, Fischer, Germano, Gilman, Martin, Merkes, Superman, Long
No: Sprague
Absent: None
MOTION TO ADOPT AS AMENDED PASSED: 8 Yes, 1 No, 0 Absent
(10:17:15)
Ordinance 2006-19-18: Appropriating $400,000 from the General Fund to Support a Lawsuit Against the State of Alaska Concerning Educational Funding (Mayor) (Shortened Hearing on 09/05/06) (Referred to Committee of the Whole)
MOTION: Sprague moved to introduce Ordinance 2006-19-18 and set for shortened public hearing on September 5, 2006.
Assembly Member Sprague, Fischer, Gilman, Merkes and Germano spoke in opposition to the introduction of Ordinance 2006-19-18.
Assembly Member Chay spoke in support of the introduction of Ordinance 2006-19-18.
President Long passed the gavel to Vice President Sprague and spoke in opposition to introduction of Ordinance 2006-19-18. Vice President Sprague returned the gavel to President Long.
VOTE ON MOTION TO INTRODUCE
AND SET FOR PUBLIC HEARING:
Yes: Chay
No: Fischer, Germano, Gilman, Martin, Merkes, Sprague, Superman, Long
Absent: None
MOTION TO INTRODUCE AND SET
FOR PUBLIC HEARING FAILED: 1 Yes, 8 No, 0 Absent
PUBLIC COMMENTS AND PUBLIC PRESENTATIONS - None
ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS
• The next regular meeting of the Kenai Peninsula Borough Assembly was scheduled for September 5, 2006, at 7:00 p.m. in the Borough Assembly Chambers at the Borough Administration Building, Soldotna, Alaska.
(10:58:00)ASSEMBLY COMMENTS
Assembly Member Martin thanked Assembly Member Germano for chairing the Finance Committee.
Assembly Member Gilman thanked Mayor Williams for his recent visits to all of the schools in the Kenai Peninsula Borough School District.
Assembly Member Germano thanked Mayor Williams and the Administration for the research and work on Ordinance 2006-19-18.
President Long thanked Assembly Member Germano for chairing the Finance Committee in Mr. Superman’s absence. He announced the Seward Silver Salmon Derby was still going on in Seward and invited everyone to participate. Finally, he thanked Mayor Williams for his efforts in Ordinance 2006-19-18.
(11:18:12)
ADJOURNMENT
With no further business to come before the assembly, President Long adjourned the meeting at 11:18 p.m.
I certify the above represents accurate minutes of the Kenai Peninsula Borough Assembly meeting of August 15, 2006.