Kenai Peninsula Borough Assembly Meeting Minutes |
September 5, 2006 - 7:00 p.m. Regular Meeting - Soldotna, Alaska |
CALL TO ORDER
A Regular Meeting of the Kenai Peninsula Borough Assembly was held on September 5, 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 Steve Brown from the New Life Assembly of God in Kenai.
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 (7:01:56)
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 (7:17:00)
MOTION TO APPROVE AGENDAS: Merkes 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 added to the consent agenda:
• Mayor’s Proclamation Declaring September 9, 2006 as “Fetal Alcohol Syndrome Awareness Day” on the Kenai Peninsula
The following items were moved from the consent agenda to the regular agenda:
• Resolution 2006-079: Authorizing the Acceptance of Late-Filed Senior Citizen and Disabled Veteran Exemption Applications (Mayor) (Referred to Policies and Procedures Committee)
• Resolution 2006-080: Authoring the Transfer of Surplus Project Funds to Increase Funding for Areawide Upgrades to Borough Facilities to Comply with the Americans with Disabilities Act (ADA) (Mayor) (Referred to Finance 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.
• August 15, 2006 Regular Assembly Meeting Minutes
• Mayor’s Proclamation Declaring September 9, 2006 as “Fetal Alcohol Syndrome Awareness Day” on the Kenai Peninsula
• Resolution 2006-082: Authoring Award of Contract for Purchase and Installation of Emergency Response Center Workstation Furniture (Mayor) (Referred to Finance Committee)
• Resolution 2006-077: Changing the November 2006 Assembly Meeting Date (Long @ the request of the Borough Clerk) (Referred to Policies and Procedures Committee)
• Resolution 2006-078: Opposing the Alaska Railroad’s Permit Request to the Alaska Department of Environmental Conservation to Spray Herbicidal Mixtures Along the Railroad’s Rights of Way within the Kenai Peninsula Borough (Long) (Referred to Legislative Committee)
• Resolution 2006-081: Authorizing the Bear Creek Fire Service Area to Purchase $30,000 of Hose with Funds to be Provided by Canceling a Prior Appropriation (Mayor) (Referred to Finance Committee)
• Ordinance 2006-19-19: Accepting and Appropriating Two State Grants Totaling $405,000 for School Equipment, Supplies, and Mini-Projects (Mayor) (Hearing on 10/10/06) (Referred to Finance Committee)
• Ordinance 2006-19-20: Accepting and Appropriating on Behalf of Anchor Point Fire and Emergency Medical Service Area a Rural Fire Assistance Grant from the U.S. Department of Interior (Mayor) (Shortened Hearing on 09/19/06) (Referred to Finance Committee)
• Ordinance 2006-19-21: Accepting and Appropriating on Behalf of Nikiski Fire Service Area a Volunteer Fire Assistance Grant from the Alaska Department of Natural Resources (Mayor) (Shortened Hearing on 09/19/06) (Referred to Finance Committee)
• Ordinance 2006-19-22: Accepting and Appropriating on Behalf of the Seward/Bear Creek Flood Service Area a State Grant in the Amount of $10,499.75 for Updating the Flood Hazard Mitigation Plan (Mayor) (Hearing on 10/10/06) (Referred to Finance Committee)
• Ordinance 2006-34: Confirming the Assessment Roll for the West Brook Estates Road Improvement Assessment District (Mayor) (Hearing on 10/10/06) (Referred to Finance Committee)
• Approval of Election Boards, Canvass Board and Absentee Voting Officials for the October 3rd, 2006 Regular Municipal Election (Referred to Policies and Procedures Committee)
President Long called for public comment with none being offered.
AGENDAS APPROVED AS AMENDED: Unanimous.
(7:23:10) COMMENDING RESOLUTIONS AND PROCLAMATIONS
Mayor Williams presented a proclamation declaring September 9, 2006 as “Fetal Alcohol Syndrome Awareness Day” on the Kenai Peninsula to Vicki Tinker from Frontier Community Services.
PRESENTATIONS WITH PRIOR NOTICE
Loretta Flanders, Central Peninsula General Hospital, Inc. Board President, presented the CPGH quarterly report for the reporting period of April - June, 2006.
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 (7:47:30)
Mike Navarre and Darrell Jelsma summarized the KPB Solid Waste Working Group report regarding privatization of the Solid Waste Department.
1. Assembly Requests/Responses
a.PERS Funding Information ~ Craig Chapman
b.“What is the Retention of the Jobs Reported from Small Business Clients of the SBDC? Are These Jobs Full Time, Part Time or Seasonal?” ~ Mark Gregory, SBDC
2.Agreements and Contracts
a.Spruce Bark Beetle Mitigation Program:
•Approval of Contract with Tinker Creek Surveys for Beaver Loop Surveying Project
•Approval of Contract with Tinker Creek Surveys for Sunset #2 Surveying Project
•Approval of Contract with Segesser Surveys for Poppy Ridge Surveying Project
•Approval of Contract with Saw Sisters for Forest Glen ROW Project
b.Approval of Contract with ProComm Alaska for Communications Tower Relocation from CES to the New Emergency Response Center
c.Approval of Contract with Terra Firma Testing for Quality Assurance and Special Inspection for South Peninsula Hospital East Addition Project
d.Approval of Contract with Integrity Surveys for Rocky Ridge Landfill Site Survey
e.Approval of Contract with Welding Services for Pre Demolition Bleacher Removal at Old Seward Middle School
f.Approval of Contract with Fire Technology Services for Classroom Instruction at CES
g.Approval of Contract with P.H.S. for Classroom Instruction at CES
h.Approval to Award Contract to Puffin Electric for Purchase and Installation of a Fire Station Generator for Kachemak Emergency Service Area
i.Approval to Award Contract to Peninsula Plumbing and Heating for Nikiski Swimming Pool Ultraviolet Disinfection System Upgrade
j.Approval of Sole Source with Dr. William Cooper for Medical Director Services
k.Approval of Sole Source with Great Originals, Inc. for Map Book Printing Services
l.Approval to Award Contract to Pacific Wire Products, Inc. for Baler Wire Purchase for Homer and Central Peninsula Landfill
3. Other
a.Letter of Recognition from George Cannelos, Federal Co-Chair, Denali Commission, for Completion of Solid Waste Award
b.Capital Projects Quarterly Report - thru June 30, 2006
c.Solid Waste Working Group Report
ITEMS NOT COMPLETED FROM PRIOR AGENDA - None.
PUBLIC HEARING ON ORDINANCES
(8:03:45) Ordinance 2006-19-06: Appropriating $250,000 from the Borough’s General Fund Balance to Partially 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 2006-19-06.
Assembly Member Superman stated the ordinance would authorize the reimbursement of $250,000 to the Central Emergency Service Area for Fiscal Year 2007.
President Long opened the public comment period with none being offered.
Assembly Member Gilman spoke in opposition to Ordinance 2006-19-06.
VOTE ON MOTION TO ENACT:
Yes: Chay, Fischer, Martin, Merkes, Sprague, Superman, Long
No: Germano, Gilman
Absent: None
MOTION TO ENACT PASSED: 7 Yes, 2 No, 0 Absent
(8:08:00)
Ordinance 2006-19-08: Appropriating $150,000 in the Borough’s General Fund for Transfer to the General Government Capital Projects Fund for Capital Improvements at Borough Facilities (Mayor) (Referred to Finance Committee)
MOTION: Superman moved to enact Ordinance 2006-19-08.
Assembly Member Superman stated the ordinance would allow the administration to have funds available for minor improvements throughout the fiscal year with final assembly approval of each project.
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
(8:12:11)
Ordinance 2006-19-10: Accepting and Appropriating Four State Grants Totaling $105,000 for School Projects (Mayor) (Referred to Finance Committee)
MOTION: Superman moved to enact Ordinance 2006-19-10.
Assembly Member Superman stated the ordinance would appropriate four grants for projects at various school facilities which would be administered by the Maintenance Department.
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
(8:14:45)
Ordinance 2006-19-11: Accepting $325,080 from the State of Alaska for the Local Match to Federal Funds for Keystone Drive Road Improvements and Appropriating the Grant to a Road Service Area Capital Project Account (Mayor) (Referred to Finance Committee)
MOTION: Superman moved to enact Ordinance 2006-19-11.
Assembly Member Superman stated the ordinance would accept funds from the State which would fulfill the match requirement for the Federal grant.
President Long opened the public comment period with none being offered.
MOTION TO AMEND: Superman moved to amend Ordinance 2006-19-11 as follows:
Section 3 to read, “That grant funds in the amount of $325,080 are hereby appropriated as follows: [$315,197.57] $315,489.00 to account 434.33950.7KEYS.43011 - Contractual Services [$9,882.43] $9,591.00 to account 434.33950.7KEYS.61990 - Admin Service Fee.”
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
(8:24:30)
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 on the floor from the 05/16/06 meeting.]
Assembly Member Chay stated the sponsor may propose amendments and possible postponement.
President Long opened the public comment period.
The following people spoke in opposition to Ordinance 2006-21:
Rose Marie Galloway, P. O. Box 2613, Soldotna
William Phillips, 905 Auk Street, Kenai
Earl Miller, 33526 Johnsons Drive, Soldotna
Bud Keener, P. O. Box 2521, Kenai
Jim Fassler, 36815 Cheechako News Drive, Soldotna
Byron Bondurant, 32730 Riverwind Drive, Soldotna
There being no one else who wished to speak, the public comment period was closed.
Assembly Member Superman spoke in support of Ordinance 2006-21.
MOTION TO POSTPONE: Superman moved to postpone Ordinance 2006-21 until October 10, 2006.
Assembly Members Sprague and Martin spoke in opposition to postponement.
Assembly Member Gilman spoke in support of postponement.
VOTE ON MOTION TO POSTPONE:
Yes: Gilman, Merkes, Superman, Long
No: Chay, Fischer, Germano, Martin, Sprague,
Absent: None
MOTION TO POSTPONE FAILED: 4 Yes, 5 No, 0 Absent
MOTION TO AMEND: Superman moved to amend Ordinance 2006-21 as follows:
Section 1 KPB 5.12.120(B)(14) to read, “(B)180 days in addition to any absences claimed under (1)-(13) of this subsection if the individual is claiming an absence from the borough for the reason that the individual is employed elsewhere in the State of Alaska;
([B]C)120 days in addition to any absence or cumulative absences claimed under (1) - (3) of this subsection if the individual is not claiming an absence under (4) - (13) of this subsection but is claiming an absence under (1) or (2) of this subsection; or
([C]D) 45 days in addition to any absence or cumulative absences claimed under (1) - (13) of this subsection if the individual is claiming an absence under (4) - (13) of this subsection.”
Assembly Member Germano spoke in opposition to the amendment.
VOTE ON MOTION TO AMEND:
Yes: Chay, Fischer, Merkes, Sprague, Superman, Long
No: Germano, Gilman, Martin
Absent: None
MOTION TO AMEND PASSED: 6 Yes, 3 No, 0 Absent
MOTION TO AMEND: Superman moved to amend Ordinance 2006-21 as follows:
Section 1 KPB 5.12.105(F) to read, “For purposes of determining eligibility for the first $150,000 exemption, the 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 he or she meets the statutory criteria for an allowable absence under AS 43.23.008 as now enacted or may be hereinafter amended.”
VOTE ON MOTION TO AMEND:
Yes: Chay, Fischer, Germano, Gilman, Martin, Merkes, Sprague, Superman, Long
No: None
Absent: None
MOTION TO AMEND PASSED: 9 Yes, 0 No, 0 Absent
MOTION TO AMEND: Germano moved to amend Ordinance 2006-21 as follows:
Section 1 KPB 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 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] for the same reasons a person may be absent from the State under AS 43.23.008:
[(1) RECEIVING SECONDARY OR POSTSECONDARY EDUCATION ON A FULL-TIME BASIS;
(2)RECEIVING VOCATIONAL, PROFESSIONAL, OR OTHER SPECIFIC EDUCATION ON A FULL-TIME BASIS FOR WHICH, AS DETERMINED BY THE ALASKA COMMISSION ON POSTSECONDARY EDUCATION, A COMPARABLE PROGRAM IS NOT REASONABLY AVAILABLE IN THE STATE;
(3) SERVING ON ACTIVE DUTY AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES OR ACCOMPANYING, AS THAT INDIVIDUAL'S SPOUSE, MINOR DEPENDENT, OR DISABLED DEPENDENT, AN INDIVIDUAL WHO IS
(A) SERVING ON ACTIVE DUTY AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES; AND
(B) ELIGIBLE FOR A CURRENT YEAR DIVIDEND;
(4)SERVING UNDER FOREIGN OR COASTAL ARTICLES OF EMPLOYMENT ABOARD AN OCEANGOING VESSEL OF THE UNITED STATES MERCHANT MARINE;
(5) RECEIVING CONTINUOUS MEDICAL TREATMENT RECOMMENDED BY A LICENSED PHYSICIAN OR CONVALESCING AS RECOMMENDED BY THE PHYSICIAN THAT TREATED THE ILLNESS IF THE TREATMENT OR CONVALESCENCE IS NOT BASED ON A NEED FOR CLIMATIC CHANGE;
(6) PROVIDING CARE FOR A PARENT, SPOUSE, SIBLING, CHILD, OR STEPCHILD WITH A CRITICAL LIFE-THREATENING ILLNESS WHOSE TREATMENT PLAN, AS RECOMMENDED BY THE ATTENDING PHYSICIAN, REQUIRES TRAVEL OUTSIDE THE STATE FOR TREATMENT AT A MEDICAL SPECIALTY COMPLEX;
(7) PROVIDING CARE FOR THE INDIVIDUAL'S TERMINALLY ILL FAMILY MEMBER;
(8) SETTLING THE ESTATE OF THE INDIVIDUAL'S DECEASED PARENT, SPOUSE, SIBLING, CHILD, OR STEPCHILD, PROVIDED THE ABSENCE DOES NOT EXCEED 220 CUMULATIVE DAYS;
(9) SERVING AS A MEMBER OF THE UNITED STATES CONGRESS;
(10) SERVING ON THE STAFF OF A MEMBER FROM THIS STATE OF THE UNITED STATES CONGRESS;
(11) SERVING AS AN EMPLOYEE OF THE STATE IN A FIELD OFFICE OR OTHER LOCATION;
(12) ACCOMPANYING A MINOR WHO IS ABSENT UNDER (5) OF THIS SUBSECTION;
(13) ACCOMPANYING ANOTHER ELIGIBLE RESIDENT WHO IS ABSENT FOR A REASON PERMITTED UNDER (1), (2), (5) - (12), OR (14) OF THIS SUBSECTION AS THE SPOUSE, MINOR DEPENDENT, OR DISABLED DEPENDENT OF THE ELIGIBLE RESIDENT; OR]
MOTION TO AMEND PASSED: Unanimous.
MOTION TO AMEND: Superman moved to amend Ordinance 2006-21 as follows:
Section 1 KPB 5.12.105(H) to read, “H. Penalties and Enforcement:
In addition to any criminal penalties imposed by law, if the borough assessor finds than an individual, in claiming a senior citizen exemption for the value of property greater than $150,000 willfully misrepresents, exercises gross negligence with respect to, or recklessly disregards a material fact pertaining to, eligibility, the assessor may issue an order against the individual for the (1) forfeiture of the exemption for that year; and (2) imposition of a civil fine of up to $1,000 for each violation; and (3) loss of eligibility to receive the next five years exemptions following the forfeited exemption to the maximum extent such forfeiture is allowed by state statute.
An individual receiving an order described above my appeal the order to the Board of Equalization within thirty days of the date such order was mailed, and in accordance with the procedures contained in KPB Chapter 5.12 for appeals to the Board of Equalization.”
MOTION TO AMEND PASSED: Unanimous.
MOTION TO AMEND: Fischer moved to amend Ordinance 2006-21 as follows:
Insert a new section 2 to read, “That this ordinance shall sunset on January 1, 2009, unless extended by the Assembly.”
Final section to read, “Section [2]3. That this ordinance shall take effect January 1, 2007.”
MOTION TO AMEND PASSED: Unanimous.
MOTION TO AMEND: Superman 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 $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 must Have Been Absent from the Kenai Peninsula Borough for No More than [90]120 Days in the Calendar Year with Certain Exceptions and Have Met a Residency Requirement”
Eighth whereas to read, “limiting their allowed absence from the borough to [90]120 days per year except for medical emergencies and other reasons that parallel those authorized by the permanent fund dividend program for absence from the state, would help to ensure that persons receiving the unlimited exemption satisfy this criteria; and”
Section 1 KPB 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 Kenai Peninsula Borough for more than [90]120 days during the previous year unless the applicant provides satisfactory evidence that the absence from the borough for more than [90]120 days was for the same reasons a person may be absent from the State under AS 43.23.008:”
MOTION TO AMEND PASSED: Unanimous.
(9:29:00)
Assembly Member Sprague spoke in opposition to Ordinance 2006-21 as amended.
MOTION TO AMEND: Superman moved to amend Ordinance 2006-21 as follows:
Section 1 KPB 5.12.105(G)(5) to read, “for purposes of this section, “permanent place of abode” means a dwelling in which the person resides [AT LEAST 183 DAYS] in the year prior to the exemption year and when absent, the dwelling is not leased or rented to another. This includes but is not limited to a mobile home or condominium and include lots or outbuildings, or an appropriate portion thereof, which are necessary for the use of the dwelling unit.”
MOTION TO AMEND PASSED: Unanimous.
Mayor Williams spoke in opposition to the ordinance and respectfully requested postponement of Ordinance 2006-21 in order to give the administration the opportunity to bring forward a substitute ordinance on October 10, 2006.
Assembly Members Germano, Gilman and Martin spoke in support of Ordinance 2006-21 as amended.
MOTION TO AMEND: Superman moved to amend Ordinance 2006-21 as follows:
Section 1 KPB 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 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 for the same reasons a person may be absent from the State under AS 43.23.008 (a) (1) - (15); or:
Section 1 KPB 5.12.105(B)(2)(b)(14) to read, “[(14)] c. for any reason consistent with the individual's intent to remain a Kenai Peninsula Borough resident, provided the absence or cumulative absences do not exceed
(A) 1[8]20 days in addition to any absence or cumulative absences claimed under AS 43.23.008 (a) (3) [OF THIS SUBSECTION] if the individual is not claiming an absence under AS 43.23.008 (a) (1), (2), or (4) - (1[3]5) [OF THIS SUBSECTION];
(B) 1[8]20 days in addition to any absence or cumulative absences claimed under AS 43.23.008 (a) (1) - (3) [OF THIS SUBSECTION] if the individual is not claiming an absence under AS 43.23.008(4) - (1[3]5) [OF THIS SUBSECTION] but is claiming an absence under (1) or (2) [OF THIS SUBSECTION]; or
(C) 45 days in addition to any absence or cumulative absences claimed under AS 43.23.008 (a) (1) - (1[3]5) [OF THIS SUBSECTION] if the individual is claiming an absence under AS 43.23.008 (a) (4) - (1[3]5) [OF THIS SUBSECTION].
MOTION TO AMEND PASSED: Unanimous.
MOTION TO POSTPONE: Chay moved to postpone Ordinance 2006-21 until October 10, 2006.
Assembly Member Germano spoke in opposition to postponement.
VOTE ON MOTION TO POSTPONE
Yes: Chay, Gilman, Long
No: Fischer, Germano, Martin, Merkes, Sprague, Superman
Absent: None
MOTION TO POSTPONE FAILED: 3 Yes, 6 No, 0 Absent
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Germano, Gilman, Martin, Merkes, Superman
No: Fischer, Sprague, Long
Absent: None
MOTION TO ENACT AS AMENDED PASSED: 6 Yes, 3 No, 0 Absent
[Clerk’s Note: Assembly Member Merkes gave notice of reconsideration on Ordinance 2006-21.]
(10:36:00)
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 06/20/06 meeting.]
President Long opened the public comment period with none being offered.
MOTION TO AMEND: Martin moved to amend Ordinance 2006-26 as follows:
Title to read, “An Ordinance Amending KPB 5.12.105 to Change the Filing Deadline for (REQUIRE LATE FILED] Senior Citizen and Disabled Veteran Property Tax Exemption Applications from January 15 to [BE FILED] February 15 of Each Year and to Require Late-Filed Applications to be Filed by March 31 of Each Year”
Add two new final whereas clauses as follows:
Second to the last whereas to read, “Whereas, by extending the deadline to file for an exemption from January 15 to February 15, the borough moves the filing deadline beyond the holiday period making it easier for more senior citizens to meet the filing deadline; and”
Final whereas to read, “placing a final deadline of March 31 of each year for filing late-filed applications will give eligible persons about a month after assessment notices have been mailed to recognize that no exemption was granted and to file the late-filed exemption applications;”
Section 1 5.12.105(D) to read, “No exemption under this section may be granted except upon written application on a form prescribed by the assessor. The applicant/owner must file the application no later than [JANUARY] February 15 of the tax year for which the exemption is sought. A qualified senior citizen or disabled veteran need not file such an application for successive tax years if there is no change in ownership, no change in permanent place of abode by the owner of record, or no change in status of disability if the owner is a disabled veteran. Exemption applications filed after [JANUARY] February 15 of the tax year must be accompanied by a signed affidavit stating the reason for the late filing. If a qualified senior citizen or disabled veteran files an untimely application, the assembly may, for good cause shown, waive the claimant's failure to make timely application and authorize the Assessor to accept the application as if timely filed. A late application must be filed by [FEBRUARY 15] March 31of the year for which the exemption is sought unless the applicant is unable to comply with this requirement as defined below in subparagraph D(4). The assembly shall determine whether the applicant was unable to comply with this requirement However, the application, whether timely filed or filed after a grant of extension of time to file, may be held open for consideration through the following three years if eligibility for the exemption is contingent upon a determination by another entity. If a failure to timely file has been waived and the application for exemption is approved, the amount of tax that the claimant has already paid, if any, for the year the property would have been eligible for exemption shall be refunded to the claimant.”
5.12.105(D)(2) to read, “It shall be the responsibility of every person who obtains an exemption under this section to notify the borough assessor of any change in ownership, residency, permanent place of abode or status of disability. A disabled veteran who has less than a permanent disability must submit an official disability percentage letter each year prior to [JANUARY] February 15th showing a 50 percent or greater disability. Property owners shall notify the borough when the requirements for exemption are no longer met.”
MOTION TO POSTPONE: Germano moved to postpone Ordinance 2006-26 until October 10, 2006.
VOTE ON MOTION TO POSTPONE:
Yes: Chay, Germano, Merkes, Sprague, Superman, Long
No: Fischer, Gilman, Martin
Absent: None
MOTION TO POSTPONE PASSED: 6 Yes, 3 No, 0 Absent
[Clerk’s Note: No action was taken on the Martin motion to amend, therefore, the motion to amend will be on the floor at the October 10, 2006 meeting.]
MOTION: Sprague moved to extend the legislative deadline by one half hour until Midnight.
MOTION PASSED: Unanimous.
(10:55:50)
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)
[Clerk’s Note: There was a motion to enact on the floor from the 08/15/06 meeting.]
President Long opened the public comment period with none being offered.
Assembly Members Sprague and Martin spoke in opposition to Ordinance 2006-19-02.
Assembly Member Merkes spoke in support of 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.
Assembly Member Chay spoke in opposition to Ordinance 2006-19-02.
VOTE ON MOTION TO ENACT:
Yes: Merkes, Superman
No: Chay, Fischer, Germano, Gilman, Martin, Sprague, Long
Absent: None
MOTION TO ENACT FAILED: 2 Yes, 7 No, 0 Absent
(11:12:45)
NEW BUSINESS
Resolution 2006-079: Authorizing the Acceptance of Late-Filed Senior Citizen and Disabled Veteran Exemption Applications (Mayor) (Referred to Policies and Procedures Committee)
MOTION: Chay moved to adopt Resolution 2006-079.
President Long opened the public comment period with none being offered.
MOTION TO AMEND: Martin moved to amend Resolution 2006-079 as follows:
Section 2 to read, “That the deadline for filing applications for the Senior Citizen and Disabled Veteran real property exemptions, as applicable, for the following parcels is hereby waived for good cause, contingent upon the Assessing Department receiving all requested documentation:”
VOTE ON MOTION TO AMEND: Unanimous.
Assembly Members Gilman and Germano spoke in opposition of Resolution 2006-079.
VOTE ON MOTION TO ADOPT AS AMENDED:
Yes: Chay, Fischer, Martin, Merkes, Sprague, Superman, Long
No: Germano, Gilman
Absent: None
MOTION TO ADOPT AS AMENDED PASSED: 7 Yes, 2 No, 0 Absent
(11:27:10)
Resolution 2006-080: Authoring the Transfer of Surplus Project Funds to Increase Funding for Areawide Upgrades to Borough Facilities to Comply with the Americans with Disabilities Act (ADA) (Mayor) (Referred to Finance Committee)
MOTION: Superman moved to adopt Resolution 2006-080.
President Long opened the public comment period with none being offered.
VOTE ON MOTION TO ADOPT:
Yes: Chay, Fischer, Germano, Gilman, Martin, Merkes, Sprague, Superman, Long
No: None
Absent: None
MOTION TO ADOPT PASSED: 9 Yes, 0 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 19, 2006, at 7:00 p.m. in the City Council Chambers at the Homer City Hall, Homer, Alaska.
(11:32:10)
ASSEMBLY COMMENTS
Assembly Member Martin stated she had the opportunity to fly over the area where Homer Electric Association was clearing Spruce Bark Beetle killed trees from their utility easements and thanked Mr. Navarre for the opportunity.
President Long extended his condolences to the family of Mike Rowden and stated Mr. Rowden was the carpenter who constructed the dais and cabinetry in the Assembly Chambers.(11:35:15)
ADJOURNMENT
With no further business to come before the assembly, President Long adjourned the meeting at 11:35 p.m.
I certify the above represents accurate minutes of the Kenai Peninsula Borough Assembly meeting of September 5, 2006.
Sherry Biggs, Borough Clerk
Approved by Assembly: