| Kenai Peninsula Borough Assembly Minutes |
| April 21, 1998 - 7:30 p.m. Regular Meeting Soldotna, Alaska |
CALL TO ORDER
The Regular Meeting of the Kenai Peninsula Borough Assembly was held on April 21, 1998,
in the Borough Assembly Chambers, Soldotna, Alaska. President Brown called the meeting to
order at 7:30 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited followed by the invocation given by Pastor Dave
Becket of the Soldotna United Methodist Church.
There were present:
Jack Brown, Presiding
Dale Bagley
Grace Merkes
Bill Popp
Drew Scalzi
Pat O'Brien
Debra Horne
Ron Drathman
Tim Navarre
comprising a quorum of the assembly.
Also in attendance were:
Mike Navarre, Mayor
Colette Thompson, Borough Attorney
Linda Murphy, Borough Clerk
Teresa Walker, Deputy Borough Clerk
APPROVAL OF AGENDA AND CONSENT AGENDA
MOTION: Bagley moved for the approval of the agenda and consent agenda.
Copies having been made available to the public, Borough Clerk Linda Murphy
noted by title only the resolutions and ordinances on the Agenda and Consent Agenda. At the request of assembly members, the following items were removed, without
objection, from the Consent Agenda: (Clerk's Note: An additional public hearing was scheduled on May 5, 1998 for Ordinance
98-17 to provide additional time for public comment within the required 30 day period
following receipt of the school budget per KPB 5.04.021.) President Brown opened and closed public comment on the Consent Agenda with none being
offered. VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA AS AMENDED: MOTION PASSED: Unanimous without objection. PUBLIC COMMENTS AND PRESENTATIONS Tape 1, 200 Ed Martin, Mi. 49.9 Sterling Highway, Cooper Landing, spoke regarding
land classification and land use regulations within the Kenai Peninsula Borough. COMMITTEE REPORTS Policies & Procedures Committee. Assembly Member Bagley said the
Policies & Procedures Committee met and discussed agenda items with no action taken. Finance Committee. Assembly Member Drathman said the Finance Committee
met and discussed agenda items with no action taken. Land Use Committee. Assembly Member Popp said the Land Use Committee
met and discussed agenda items with no action taken. Mr. Popp noted that representatives
from the United Cook Inlet Drift Association and the Kenai Peninsula Fishermen's
Association were present to speak in support of Resolution 98-028. Legislative Committee. Assembly Member Navarre said the Legislative
Committee met and discussed agenda items and priority legislation with no action taken. REPORTS OF COMMISSIONS AND COUNCILS - None. ITEMS NOT COMPLETED FROM PRIOR AGENDA - None. PUBLIC HEARINGS ON ORDINANCES Tape 1, 718 Ordinance 98-07:
Authorizing the Purchase of and Appropriating Funds for New Business Systems Software
(Mayor) (Referred to Finance Committee) MOTION: Drathman moved to enact Ordinance 98-07. Assembly Member Drathman said the Finance Committee discussed Ordinance 98-07 and the
consensus was to enact the ordinance. President Brown opened and closed public comment with none being offered. VOTE ON MOTION TO ENACT: MOTION PASSED: Unanimous without objection. Ordinance 98-08: Approving
the Revised Road Standards for the Kenai Peninsula Road Maintenance Program and Providing
for a Road Decertification Procedure (Mayor at the Request of KPBRSA Board) (Referred to
Land Use Planning Committee) MOTION: Popp moved to enact Ordinance 98-08. Assembly Member Popp said the Land Use Committee discussed Ordinance 98-08 with no vote
taken. President Brown called for public comment. Preston Williams, 47404 Diamond Ave., Nikiski, spoke in opposition to
Ordinance 98-08, specifically in regard to road decertification. Sam McLane, 36745 Chinulna Dr., Kenai, spoke as the Chairman of the
Kenai Peninsula Road Service Area Board. Mr. McLane said it was not the board's intent to
decertify residential roads. Mr. McLane said the board was concerned about liability
issues pertaining to roads having no residents, and he asked the assembly to provide the
board with a means to address those roads. Linda Williams, 47404 Diamond Ave., Nikiski, spoke in opposition to
Ordinance 98-08, specifically road decertification. Ms. Williams said she felt that
existing roads should remain on the road maintenance program, particularly those roads
having residents. Jim Ray, Sr., Box 467, Sterling, Alaska, spoke in opposition to
Ordinance 98-08, and stated that once roads had been accepted into the borough maintenance
program they should not be decertified. Brenda Bigalow, address unknown, spoke in opposition to Ordinance
98-08, specifically regarding decertification. There being no one else who wished to speak, President Brown closed the public comment
period. Tape 1, 2163 Borough Road Maintenance Director Tom Ackerly spoke regarding Ordinance 98-08 and the
borough's road maintenance program in general. Mr. Ackerly briefly reviewed the costs
associated with maintaining the 626 miles of borough roads. Speaking about the creation of
a decertification program, Mr. Ackerly said he did not believe that the road board would
allow decertification of any roads which contained residents. He added that under the
proposed program, if a road was being considered for decertification all property owners
would be notified even though the road contained no residences. MOTION: Horne moved to amend Ordinance 98-08, Section 1, to delete Chapter 14.06.070 in
its entirety and to amend the title to read, "An Ordinance Approving the Revised Road
Standards for the Kenai Peninsula Borough Road Maintenance Program [AND PROVIDING FOR A
ROAD DECERTIFICATION PROCEDURE]". MOTION: Navarre moved to amend the amendment to insert the language contained in a
memorandum addressed to the Assembly President dated April 21, 1998 from the deputy
borough attorney. NAVARRE MOTION RULED OUT OF ORDER. Assembly Members Navarre, Popp and Drathman spoke against the Horne motion. Tape 2,100 Assembly Members Scalzi and Merkes spoke in favor of the Horne amendment. President Brown passed the gavel in order to speak. Mr. Brown spoke in support of the Horne amendment. Vice President Drathman returned the gavel to President Brown. VOTE ON MOTION TO AMEND: Yes: Merkes, Horne, Brown, Scalzi, O'Brien, Bagley No: Navarre, Popp, Drathman MOTION PASSED: 6 Yes, 3 No Tape 2, 408 MOTION: Popp moved to amend Ordinance 98-08, Section 1, to add a new section 14.06.070,
to read: 14.06.070 Road Decertification. A. The roads director, subject to road service area board confirmation and assembly
consent, may decertify roads in which all adjacent properties have no existing structures
from the maintenance program according to written procedures approved by the road service
area board and then adopted by the assembly by assembly ordinance. These procedures shall
include notice to all adjacent property owners and a public hearing and shall include
consideration of factors including, but not limited to the following: whether a road
improvement district is feasible, safety, the extent of the road's noncompliance with
current standards, road condition, frequency and type of usage, funding and access issues.
The assembly shall have 30 days from the date of the road service area board resolution
decertifying a road to veto the decertification. If the assembly fails to veto the
decertification within 30 days, consent shall be deemed given. Such action by the assembly
shall be a final legislative action. The assembly shall not review a road board decision
denying decertification. Assembly Member Popp said his amendment provided a means to address public concern
regarding what procedures would be used to decertify a road, and to bring decertification
to the assembly for a final decision. Assembly Member Scalzi spoke against the Popp amendment. President Brown passed the gavel in order to speak. Mr. Brown spoke against the Popp amendment and against decertification. Vice President Drathman returned the gavel to President Brown. Assembly Member Navarre spoke in favor of the Popp amendment. Tape 2, 650 Assembly Members Horne and Merkes spoke against the Popp amendment. VOTE ON MOTION TO AMEND: Yes: Navarre, Popp, O'Brien, Drathman No: Merkes, Horne, Brown, Scalzi, Bagley MOTION FAILED: 4 Yes, 5 No MOTION: Drathman moved to suspend debate of Ordinance 98-08 in order to consider
Ordinance 98-12. Assembly Member Drathman said his request to suspend the rules in order to consider
Ordinance 98-12 was due to the lateness of the hour and the distance to be traveled by
representatives of the South Peninsula Hospital who were in attendance and waiting to
speak. VOTE ON MOTION TO SUSPEND DEBATE: Yes: Popp, Merkes, Brown, Scalzi, O'Brien, Bagley, Drathman No: Navarre, Horne MOTION PASSED: 7 Yes, 2 No Tape 2, 984 Ordinance 98-12: Authorizing
the Mayor to Execute a Sublease and Operating Agreement With South Peninsula Hospital,
Inc. for South Peninsula Hospital (Mayor @ Request of SPHSA Board) (Referred to Finance
Committee) MOTION: Drathman moved to enact Ordinance 98-12. Assembly Member Drathman said the Finance Committee discussed Ordinance 98-12 with no
vote taken. President Brown called for public comment. Vickey Hodnik, PO Box 1836, Homer, spoke as the Chairperson of the
South Peninsula Hospital Service Area Board, and asked the assembly to enact Ordinance
98-12. Ms. Hodnik also thanked the Mayor and his administrative staff for their assistance
in developing a lease and operating agreement for the hospital. Gary Thomas, PO Box 2486, Homer, also spoke as a SPHA board member,
and asked the assembly to support Ordinance 98-12. Mr. Thomas thanked those who helped in
the preparation of the agreement. There being no one else who wished to speak, President Brown closed the public comment
period. President Brown passed the gavel in order to speak. Mr. Brown spoke in support of Ordinance 98-12, and stated that he had received no
negative comments from constituents or administration regarding the proposed agreement. The gavel was returned to President Brown. Assembly Member Drathman spoke in support of Ordinance 98-12. VOTE ON MOTION TO ENACT: MOTION PASSED: Unanimous without objection. President Brown called for a continuation of the debate regarding Ordinance 98-08. MOTION: Merkes moved to amend Ordinance 98-08, Section 1, Chapter 14.06.050, the last
sentence to read, "[ACCEPTANCE INTO THE ROAD MAINTENANCE PROGRAM AND CONTINUED
MAINTENANCE] The level of maintenance is subject to available funding." Assembly Member Merkes said she felt the present wording in 14.06.050 could mean that a
new road would not be accepted into the road maintenance program if funding were not
available, even though the new road met borough standards. Ms. Merkes felt that if a new
road were constructed according to borough standards it should be accepted into the road
maintenance program. Mayor Navarre noted that all road maintenance was subject to available funding and that
eventually the voters would have to consider an increase to the mill rate for the
maintenance of borough roads. Assembly Members Scalzi and Popp spoke against the Merkes amendment. Tape 2, 1660 Assembly Members Navarre and Horne supported the Merkes amendment. VOTE ON MOTION TO AMEND: MOTION PASSED: Unanimous without objection. VOTE ON MOTION TO ENACT AS AMENDED: Yes: Navarre, Popp, Merkes, Horne, Brown, Scalzi, O'Brien No: Bagley, Drathman MOTION PASSED: 7 Yes, 2 No Tape 2, 2026 Ordinance 98-09: Amending
KPB 14.40 Regarding Parking, Size, and Weight Restrictions and Control of Construction and
Blockage Within Borough Rights of Way (Mayor) (Referred to Land Use Planning Committee)
MOTION: Popp moved to enact Ordinance 98-09. Assembly Member Popp said the Land Use Committee discussed Ordinance 98-09 with no vote
taken. President Brown called for public comment. Sam McLane, 36745 Chinulna, Kenai, spoke in favor of Ordinance 98-09. There being no one else who wished to speak, President Brown closed the public comment
period. MOTION: Scalzi moved to amend Ordinance 98-09, 14.40.270 (D) to read, "Appeal. The
recipient may appeal the planning director's decision to the planning commission, and
ultimately to the assembly, pursuant to KPB 21.20. The planning commission may uphold
the charge and fine, modify the charge, dismiss, or reduce the fine and issue whatever
related compliance orders are necessary. The recipient may appeal the road director's
decision to the assembly pursuant to the procedures set forth in KPB 21.20. The assembly's
final decision may be appealed pursuant to Part 6 of the Alaska Rules of Appellate
Procedure to the Superior Court." MOTION: Drathman moved to amend the Scalzi amendment to read, "The recipient may
appeal the planning director's decision to the planning commission [,AND ULTIMATELY TO THE
ASSEMBLY,]. [THE RECIPIENT MAY APPEAL THE ROAD DIRECTOR'S DECISION TO THE ASSEMBLY
PURSUANT TO THE PROCEDURES SET FORTH IN KPB 21.20.] The [ASSEMBLY'S] planning
commission's final decision may be appealed pursuant to Part 6 of the Alaska Rules of
Appellate Procedure to the Superior Court. At this time the borough attorney read the correct language, as contained in the Code
of Ordinances, for KPB 14.40.270 (D): "D. Appeal. The recipient may appeal the
director's decision pursuant to Part 6 of the Alaska Rules of Appellate Procedure to the
Superior Court in Kenai, Alaska." DRATHMAN MOTION WITHDRAWN. SCALZI MOTION RESTATED: Scalzi restated his motion to amend Ordinance 98-09, 14.40.270
(D), to insert the following prior to the existing language: "D. Appeal. The
recipient may appeal the planning director's decision to the planning commission pursuant
to KPB 21.20. The planning commission may uphold the charge and fine, modify the charge,
dismiss, or reduce the fine and issue whatever related compliance orders are
necessary." Assembly Members Navarre and Drathman spoke against the Scalzi amendment. VOTE ON MOTION TO AMEND: Yes: Merkes, Horne, Brown, Scalzi No: Navarre, Popp, O'Brien, Bagley, Drathman MOTION FAILED: 4 Yes, 5 No Tape 2, 2762 MOTION: Popp moved to amend Ordinance 98-09, Section 4, KPB 14.40.060(C) to read,
"[DISCRETIONARY] conditions. The planning director may impose the following
[DISCRETIONARY] conditions: Section 4. KPB 14.40.060(C), Subsection 3, and items (a) through (f) to be deleted in
their entirety. Create a new subparagraph 11 under Section 3. KPB 14.40.060(B), to read: "11. Rights of way must meet borough road standards as set forth in KPB 14.06. If
it appears from the application that there are multiple parcels benefitted by proposed
construction a local improvement district, in accord with the provisions of KPB 14.31 and
14.32, may be formed by owners of the benefitted parcels." Assembly Member Merkes spoke against the Popp amendment. MOTION: Horne moved to postpone Ordinance 98-09 to May 19, 1998 and refer to the Land
Use Planning Committee. Assembly Member Navarre spoke against postponement. VOTE ON MOTION TO POSTPONE: Yes: Popp, Horne, Brown, Scalzi, O'Brien No: Navarre, Merkes, Bagley, Drathman MOTION PASSED: 5 Yes, 4 No Tape 3, 34 Ordinance 98-10: Amending
Chapter 22.40 to Establish a Procedure for Withdrawing Ordinances and Resolutions after
Public Hearing (Popp) (Referred to Policies and Procedures Committee) MOTION: Popp moved to enact Ordinance 98-10. President Brown opened and closed public comment with none being offered. Assembly Member Navarre said he was concerned that the public might be confused as to
when they would have an opportunity to speak on an ordinance. Assembly Member Horne spoke in favor of Ordinance 98-10. Assembly Member Drathman spoke in opposition to Ordinance 98-10. VOTE ON MOTION TO ENACT: Yes: Navarre, Popp, Merkes, Horne, O'Brien No: Brown, Scalzi, Bagley, Drathman MOTION PASSED: 5 Yes, 4 No Tape 3, 192 Ordinance 98-13: Redirecting
$70,000 from Other Capital Projects to the Homer High School Pool Filter System (Mayor)
(Referred to Finance Committee) MOTION: Drathman moved to enact Ordinance 98-13. Assembly Member Drathman said the Finance Committee discussed with no vote taken. President Brown opened and closed public comment with none being offered. VOTE ON MOTION TO ENACT: MOTION PASSED: Unanimous without objection. UNFINISHED BUSINESS Tape 3, 216 Resolution 98-022: Opposing
Committee Substitute to House Bill 28 Which Would Modify the Alaska Coastal Management
Program and the Responsibilities of the Alaska Coastal Policy Council (Legislative
Committee) (Referred to Legislative Committee) (Clerk's Note: Motion to adopt Resolution 98-022 was on the floor from the meeting of
April 7, 1998.) Assembly Member Navarre said the Legislative Committee discussed Resolution 98-022 with
no vote taken. Mr. Navarre noted that Theo Matthews, representative from the United Cook
Inlet Drift Association, was present at the committee meeting and spoke in favor of
Resolution 98-022 against House Bill 28. President Brown opened and closed public comment with none being offered. Assembly Member Bagley spoke in opposition to Resolution 98-022. Assembly Member Navarre spoke in favor of Resolution 98-022. VOTE ON MOTION TO ADOPT: Yes: Navarre, Popp, Horne, Brown, Scalzi, O'Brien, Drathman No: Merkes, Bagley MOTION PASSED: 7 Yes, 2 No Tape 3, 315 Resolution 98-023:
Supporting Legislation That Appropriates New Formula Medicaid Funds to Alaska's Children
for Health Care, Child Abuse Prevention and Intervention (Mayor) (Referred to Legislative
Committee) (Clerk's Note: On the floor were a motion to adopt Resolution 98-023 and a motion by
Merkes to amend. The resolution was postponed from the meeting of April 7, 1998.) President Brown opened and closed public comment with none being offered. MOTION TO AMEND WITHDRAWN. Assembly Member Horne spoke against Resolution 98-023. MOTION: Scalzi moved to amend Resolution 98-023, to add a fifth whereas, to read,
"WHEREAS, the Kenai Peninsula Borough Assembly realizes that these programs are
subject to federal funding and if, after three years, the reauthorization does not
maintain the current levels of funding, the programs will be evaluated according to their
merit." VOTE ON MOTION TO AMEND: MOTION PASSED: Unanimous without objection. Assembly Member Drathman spoke in favor of Resolution 98-023. VOTE ON MOTION TO ADOPT: MOTION PASSED: Unanimous without objection. Tape 3, 651 Ordinance 97-75: Amending KPB 17.10 Regarding Classification of Borough
Lands (Bagley) (Referred to Land Use Planning Committee) MOTION: Merkes moved to reconsider Ordinance 97-75. VOTE ON MOTION TO RECONSIDER: Yes: Merkes, Brown No: Navarre, Popp, Horne, Scalzi, O'Brien, Bagley, Drathman MOTION FAILED: 2 Yes, 7 No Tape 3, 737 Resolution 98-027:
Determining the Amount that will be Provided from Local Sources for School Purposes for
Fiscal Year 1998-99 (Mayor) (Referred to Finance Committee) MOTION: Drathman moved to enact Resolution 98-027. President Brown opened and closed public comment with none being offered. Assembly Member Bagley spoke in opposition to Resolution 98-027. VOTE ON MOTION TO ADOPT: Yes: Navarre, Popp, Merkes, Horne, Brown, Scalzi, O'Brien, Drathman No: Bagley MOTION PASSED: 8 Yes, 1 No NEW BUSINESS Tape 3, 903 Report on North Pacific Volcano Learning Center (Mayor) (Referred to Finance
Committee) MOTION: Navarre moved to extend the deadline as contained in Ordinance 98-02, Section
3, regarding the Mayor's report on the North Pacific Volcano Center, to June 2, 1998. VOTE ON MOTION TO EXTEND DEADLINE: MOTION PASSED: Unanimous without objection. Tape 3, 940 Report on Proposed Ninilchik Fire and Emergency Service Area (Mayor) (Referred
to Finance Committee) MOTION: Horne moved that the assembly hold a public hearing at the Ninilchik School on
May 7, 1998 at 7:30 p.m. to consider the necessity for the proposed Ninilchik Fire
Protection and Emergency Medical Service Area. President Brown noted that no action would be taken by the assembly at the public
hearing in Ninilchik, but the assembly would be meeting to hear testimony as a committee
of the whole. VOTE ON MOTION TO SET HEARING: MOTION PASSED: Unanimous without objection. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS - None. Tape 3, 1128 MAYOR'S REPORT As contained in the packet: 1. Agreements and Contracts Professional Services Agreement between Kenai Peninsula Borough and Architects Alaska
for Homer Intermediate School Facility Assessment. Copy attached. 2. Other Kenai River Center 1997 Annual Report. Copy attached. Memorandum from Finance Department dated April 9, 1998, regarding FY99 General Budget
Projection. Copy attached. Memorandum from Finance Department dated April 9, 1998, regarding Retention of Business
Records for Inspection and/or Audit. Copy attached. Budget Revision - March, 1998. Copy attached. Revenue Expenditure Report - March, 1998. Copy attached. In addition to items contained in the packet, Mayor Navarre reported the following: Mayor Navarre thanked everyone for the support he and his family received during his
mother's passing. Tape 3, 1190 ANNOUNCEMENTS The next meeting of the Kenai Peninsula Borough Assembly was scheduled on May 5, 1998
at the Seward City Council Chambers at 7:30 p.m. in Seward, Alaska. ASSEMBLY COMMENTS Scalzi expressed his condolences to the Navarre family. O'Brien congratulated the Seward 3A Girls Basketball team for winning
the State Championship. Drathman noted that Little League would start soon and that this
weekend would begin the start of high school soccer. Navarre asked for reconsideration of Ordinance 98-10 and asked the
borough attorney for information regarding how other boroughs and municipalities address
withdrawal of ordinances. Mr. Navarre thanked everyone for the support he and his family
received during his mother's illness and passing. Popp expressed his sincerest sympathy to the Navarre family and noted
that Mrs. Navarre was well-loved within the community. Mr. Popp said the Mass Choir
Festival held at Kenai Central High School was a wonderful event and he encouraged
everyone to support the arts in their community. Merkes asked if a committee had been established to develop criteria
and guidelines for exercising economic development powers. President Brown said he had
recommended to the Mayor that Assembly Members Merkes and Popp be the assembly
representatives on the committee but that the committee had not yet been established. Horne expressed her sympathy to the Navarre family and said she felt
their mother's service was very meaningful for her. Drathman said a tentative schedule had been developed for budgetary
work sessions, the dates and times being 10:00 a.m. - 3:30 p.m. on May 19th and
10:00 a.m. - 2:00 p.m. on June 2nd . Brown expressed his sympathy to the Navarre family. ADJOURNMENT With no further business to come before the assembly, President Brown adjourned the
meeting at 11:33 p.m. Date Approved Jack Brown, Assembly President ATTEST: Linda S. Murphy, Borough Clerk