Kenai Peninsula Borough

Assembly Meeting Summary

January 9, 2001 - 7:00 p.m. Regular Meeting - Soldotna, Alaska

CALL TO ORDER

A Regular Meeting of the Kenai Peninsula Borough Assembly was held on January 9, 2001, in the Assembly Chambers, Borough Administration Building, Soldotna, Alaska. President Navarre 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 Scott Franchino, Peninsula Grace Brethren Church of Soldotna.

There were present:

Tim Navarre, Presiding

Jack Brown

Paul Fischer

Ron Long

Milli Martin

Grace Merkes

Chris Moss

Bill Popp

Pete Sprague comprising a quorum of the assembly.

Also in attendance were:

Dale Bagley, Borough Mayor

Colette Thompson, Borough Attorney

Linda Murphy, Borough Clerk

Sherry Biggs, Deputy Borough Clerk

APPROVAL OF AGENDA AND CONSENT AGENDA (Tape 1, 75)

MOTION TO APPROVE AGENDAS: Pop moved for the approval of the agenda and consent agenda.

President Navarre called for additions, corrections or deletions to the agenda or consent agenda.

The following item was withdrawn at the request of the sponsor:

Robert O. Lucas Seat C Expires September 30, 2001

The following items were added to the consent agenda:

The following item was added to the regular agenda:

The following items were moved from the consent agenda to the regular agenda:

Copies having been made available to the public, Borough Clerk Linda Murphy noted by title only the resolutions and ordinances on the consent agenda.

[Clerk's Note: The Planning Commission approved the referenced vacation during its regularly scheduled December 11, 2000 meeting by unanimous consent.]

                Bear Creek Lodge

                Hope, Alaska

                Bill Smith City of Homer Expires July 2001

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

AGENDAS APPROVED AS AMENDED: Unanimous without objection.

COMMENDING RESOLUTIONS AND PROCLAMATIONS (Tape 1, 420)

Assembly Member Brown read aloud a commending resolution recognizing the contributions and commitments of Robin E. "Bob" Pennington and offered condolences to the Pennington family on his untimely passing.

PUBLIC COMMENTS AND PRESENTATIONS (Tape 1, 550)

Raymond E. Wise of the Alaska Young Marines presented a Certificate of Appreciation to Mayor Bagley recognizing his work at the Russian River.

COMMITTEE REPORTS (Tape 1, 600)

Assembly Member Merkes reported the Finance Committee met and discussed several agenda items, in addition to a presentation by KPMG on GASB No. 34 requirements.

Assembly Member Long stated the Lands Committee met and discussed the items on the agenda.

Assembly Member Popp reported the Legislative Committee met and discussed legislative priorities for 2001. Federal priorities would be the next project in anticipation of the National Association of Counties (NACo) Washington, DC trip scheduled for March of 2001.

Assembly Member Fischer reported the Policies and Procedures Committee met and discussed numerous agenda items.

President Navarre reported the Committee of the Whole met and discussed various items including the foreign trade zone project and the LNG pipeline project.

REPORTS OF COMMISSIONS AND COUNCILS - None.

MAYOR'S REPORT (Tape 1, 850)

Agreements and Contracts

2. Other

Mayor Bagley announced public budget meetings for the Seward, Homer and Central Peninsula area.

PUBLIC HEARINGS ON ORDINANCES

(Tape 1, 940)

Ordinance 2000-19-07: Authorizing the Sale of Russian Gap Subdivision in Cooper Landing by Sealed Bid and Appropriating $492,123 from the Land Trust Fund for Constructing Roads and Utilities (Mayor) (Referred to Lands Committee)

[Clerk's Note: Motion to enact was on the floor from the July 18, 2000 meeting.]

President Navarre called for public comment with none being offered.

MOTION: Long moved to postpone Ordinance 2000-19-07 until February 20, 2001.

MOTION TO POSTPONE PASSED: Unanimous without objection

(Tape 1, 1010)

Ordinance 2000-19-17: Appropriating $7,429,000 in General Obligation Bond Proceeds to the School Bond Fund for School Capital Maintenance and Improvement Projects (Mayor) (Referred to Finance Committee)

MOTION: Merkes moved to enact Ordinance 2000-19-17.

President Navarre called for public comment with none being offered.

MOTION TO ENACT PASSED: Unanimous without objection

(Tape 1, 1080)

Ordinance 2000-60: Authorizing the Mayor to Hire a Legislative Liaison to Represent the Borough's Interest in Pending State Legislation and Appropriating $20,000 to the Mayor's Budget (Brown, Navarre) (Referred to Policies and Procedures Committee)

MOTION: Brown moved to enact Ordinance 2000-60.

President Navarre called for public comment.

The following people spoke in favor of Ordinance 2000-60:

Joe Malatesta, Sr., PO Box 318, Clam Gulch, AK

John Kistler, 32605 Kalifornsky Beach Road, Kenai, AK

Christine Holdridge, 1019 First Street, Kenai, AK

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

Assembly Member Fischer spoke in opposition to Ordinance 2000-60.

Assembly Members Merkes and Popp spoke in favor of Ordinance 2000-60.

VOTE ON MOTION TO ENACT:

Yes: Brown, Martin, Popp, Merkes, Moss, Navarre, Sprague, Long

No: Fischer

Absent: None

MOTION TO ENACT PASSED: 8 Yes, 1 No, 0 Absent

NEW BUSINESS

(Tape 1, 1770)

Resolution 2001-005: Objecting to the Implementation of the Proposed Revised Land and Resource Management Plan for the Chugach National Forest Before a Complete Legal Review of the Plan can be Completed (Popp, Brown, Merkes) (Referred to Lands Committee)

MOTION: Popp moved to adopt Resolution 2001-005.

President Navarre called for public comment.

The following people spoke in favor of Resolution 2001-005:

Dave Hopkins, PO Box 385, Kasilof, AK

Marc Crouse, PO Box 1048, Soldotna, AK

Leelynn Chumley, PO Box 14, Sterling, AK

Dennis Merkes, spoke on behalf of the Kenai Peninsula Public Lands User Group (KP PLUG)

Alex Kime, PO Box 857, Cooper Landing, AK

Christine Holdridge, 1019 First Street, Kenai, AK

Kathleen Graves, 1525 Stellar Drive, Kenai, AK

Jeffry Leete, PO Box 375 Sterling, AK

Steve DeVito, PO Box 321, Soldotna, AK

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

MOTION: Popp moved to amend Resolution 2001-005 as follows:

Title to read, "A RESOLUTION OBJECTING TO THE IMPLEMENTATION OF THE FINAL VERSION OF THE PROPOSED REVISED LAND AND RESOURCE MANAGEMENT PLAN..."

Section 1. That the Kenai Peninsula Borough

Assembly strongly objects to the implementation of the final version of the Proposed Revised Land and Resource Management Plan for the Chugach National Forest and reserves its support until a complete and thorough legal review of the final version of the Proposed Revised Plan can be completed that provides a legal determination stating the final version of the Proposed Revised Plan is consistent with the provisions of the Alaska National Interests Lands Conservation Act.

Section 2. That the Kenai Peninsula Borough Assembly specifically requests a complete and thorough legal review by the Office of General Counsel for the United States Forest Service of the final version of the Proposed Revised Land and Resource Management Plan for the Chugach National Forest with the objective to provide a detailed, written legal determination that the final version of the Proposed Revised Plan is consistent with the provisions of the Alaska National Interest Lands Conservation Act.

MOTION TO AMEND PASSED: Unanimous without objection.

MOTION: Popp moved to amend Section 2 to read, "That the Kenai Peninsula Borough Assembly specifically requests a complete and thorough legal review by the Office of General Counsel for the United States Forest Service or other appropriate agency of the final version of the Proposed Revised ..."

MOTION TO AMEND PASSED: Unanimous without objection.

MOTION: Popp moved to further amend Section 2 to read, "...is consistent with the provisions of the Alaska National Interest Lands Conservation Act and other appropriate federal laws."

MOTION TO AMEND PASSED: Unanimous without objection.

MOTION: Sprague moved to amend the 11th Whereas to read, "...for all recreational users of the forest [PARK] through Kenai Peninsula Borough Resolution 2000-108; and"

MOTION TO AMEND PASSED: Unanimous without objection.

VOTE ON MOTION TO ADOPT AS AMENDED:

Yes: Brown, Fischer, Popp, Merkes, Moss, Navarre, Sprague, Long

No: Martin

Absent: None

MOTION TO ADOPT AS AMENDED PASSED: 8 Yes, 1 No, 0 Absent

(Tape 2, 630)

Resolution 2001-006: Establishing Priorities for Legislative Issues and Capital Projects for the Year 2001 (Legislative Committee)

MOTION: Popp moved to adopt Resolution 2001-006.

Assembly Member Popp listed the revisions addressed by the Legislative Committee.

President Navarre called for public comment on the revised 2001 legislative priorities.

The following people spoke in favor of Resolution 2001-006:

John Kistler, 32605 Kalifornsky Beach, Kenai, AK

Carrie Williams, PO Box 539, Cooper Landing, AK

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

MOTION: Popp moved to include Lowell Point Road in Seward on the STIP Needs list.

MOTION TO AMEND PASSED: Unanimous without objection.

MOTION: Sprague moved to amend the West Side Development priority to read as follows:

"The Kenai Peninsula Borough, through the "West Side Recreational Use Development Project," has identified..."

MOTION TO AMEND PASSED: Unanimous without objection.

MOTION: Merkes moved to include the Sterling Community Club's request of $30,000 for community center improvements.

[Clerk's Note: See page 49 of 2000 Legislative Priority Book]

MOTION TO AMEND PASSED: Unanimous without objection.

MOTION: Merkes moved to amend the paragraph on Medium Security Prison to read as follows:

"The Kenai Peninsula Borough is requesting that the Alaska State Legislature [AUTHORIZE AND] direct the Alaska Department of Corrections to consider [ENTER INTO] a government to government relationship with the Kenai Peninsula Borough for a long-term contract for the construction and operation of a [PRIVATELY OPERATED] medium security prison facility that will house 800 to 1000 prisoners that are currently being housed in a privately operated out of state detention facility."

Assembly Member Popp spoke in opposition to the Merkes amendment.

VOTE ON MOTION TO AMEND:

Yes: Merkes

No: Brown, Fischer, Martin, Popp, Moss, Navarre, Sprague, Long

Absent: None

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

MOTION: Popp moved to include legislative priorities from the following groups if the information was received by January 11, 2000: Kachemak Bay Advisory Planning Commission; Port Graham Village Council; Ninilchik Fair Association; Ninilchik Community Library; Ninilchik Senior Citizens, Inc.; Native Village of Nanwalek; Moose Pass Chamber of Commerce; and Hope, Inc.

MOTION TO AMEND PASSED: Unanimous without objection.

MOTION TO ADOPT AS AMENDED PASSED: Unanimous without objection.

(Tape 2, 1515)

Ordinance 2000-19-20: Appropriating $150,000 for Professional Services to Assist the Borough Administration with the Prison Project (Mayor) (Shortened Hearing on 01/23/01) (Referred to Finance Committee)

MOTION: Popp moved to introduce and set a public hearing date of January 23, 2001 for Ordinance 2000-19-20.

President Navarre called for public comment.

The following people spoke in favor of the introduction of Ordinance 2000-19-20:

John Kistler, 32605 Kalifornsky Beach Road, Kenai, AK

Joe Malatesta, Sr., PO Box 318, Clam Gulch, AK

Carrie Williams, PO Box 539, Cooper Landing, AK

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

MOTION: Sprague moved to change the public hearing date to February 6, 2001.

(Tape 2, 1975)

The gavel was passed to Vice President Sprague. President Navarre spoke in opposition to the Sprague amendment. The gavel was returned to President Navarre.

Assembly Members Popp, Brown and Martin spoke in opposition to the Sprague amendment.

VOTE ON MOTION TO CHANGE DATE:

Yes: Sprague

No: Popp, Brown, Martin, Fischer, Merkes, Moss, Navarre, Long

Absent: None

MOTION TO CHANGE DATE FAILED: 1 Yes, 8 No, 0 Absent

MOTION TO INTRODUCE PASSED: Unanimous without objection.

PUBLIC COMMENTS (Tape 2, 2420)

John Kistler, 32605 Kalifornsky Beach Road, Kenai, AK, spoke on current Board of Fisheries issues.

Joe Malatesta, Sr., Box 318, Clam Gulch, AK, also encouraged the assembly members to pay attention to the Board of Fisheries meetings.

ANNOUNCEMENTS

ASSEMBLY COMMENTS (Tape 2, 2640)

Assembly Member Sprague thanked Soldotna City Councilman Kurt Olson for his attendance at tonight's meeting.

Assembly Member Martin attended a Farm Bureau meeting on grazing lease issues. Ms. Martin would be traveling to Seldovia on January 10th to meet with representatives from the school and senior center.

Assembly Member Brown went to Tyonek on January 5th to discuss needs in the village.

Assembly Member Popp complimented the Kenai Girls Basketball Team on their recent wins. He looked forward to the Challenger Center session with the City of Kenai.

Assembly Member Moss announced that Sandra Wassilie of Seward was selected as the new member of the School Board.

Assembly Member Merkes announced the Sterling Head Start was up and running with 20 enrollees to date.

Assembly President Navarre thanked Acting Mayor Stogsdill, City of Soldotna, for attending the meeting. He wished Assembly Member Long a Happy Birthday. President Navarre said he had met with the Planning Commission Chairman John Hammelman on public comment issues.

ADJOURNMENT (Tape 2, 3380)

With no further business to come before the assembly, President Navarre adjourned the meeting at 10:00 p.m.

I certify the above represents an accurate summary of the assembly meeting of January 9, 2001.


Linda S. Murphy, Borough Clerk