Assembly Meeting Summary

Transcription

1 February 4, :00 p.m. Regular Meeting - Soldotna, Alaska CALL TO ORDER A Regular Meeting of the Assembly was held on February 4, 2003, in the Assembly Chambers, Borough Administration Building, Soldotna, Alaska. President Sprague 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 Todd Beaudoin, Soldotna Bible Chapel. There were present: Pete Sprague, Presiding Paul Fischer Betty Glick Ron Long Milli Martin Grace Merkes Chris Moss Gary Superman John Davis (via teleconference) 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, 70) MOTION TO APPROVE AGENDAS: Merkes moved for the approval of the agenda and consent agenda. President Sprague called for additions, corrections or deletions to the agenda or consent agenda. The following items were moved from the consent agenda to the regular agenda: Resolution : Classifying Certain Borough Land Located Within Sections 20 and 21, T5N, R11W, S.M., Alaska as Agriculture and Preservation (Mayor) (Referred to Lands Committee) February 4, 2003 Vol. 43, Page 17

2 Resolution : Supporting the Federal Outer Continental Shelf Oil and Gas Lease Sales 191 & 199 (Mayor, Superman) (Referred to Lands Committee) [Clerk s Note: Assembly Member Superman requested to co-sponsor Resolution with no objection from the sponsor.] Resolution : Clarifying Policy Governing Correspondence by Service Area Boards, Advisory Planning Commissions and Their Members (Glick) (Referred to Policies and Procedures Committee) Copies having been made available to the public, Borough Clerk Linda Murphy noted by title only the resolutions and ordinances on the consent agenda. Resolution : Designating the Newspaper and Awarding the Contract for Publication of the 2003 Property Tax Foreclosure List, the Delinquent Personal Property Tax and the Delinquent Real Property Lease Lists for the Tax Year 2002 (Mayor) (Referred to Finance Committee) Resolution : Authorizing Award of Contract for Professional Design Services for Nikiski Emergency Escape Route Improvement Project (Mayor) (Referred to Finance Committee) Resolution : Authorizing CPGH, Inc. to Purchase and Install Digital Radiographic Equipment (Mayor) (Referred to Finance Committee) Resolution : Requesting that the State of Alaska Division of Parks and Outdoor Recreation Include Personal Property Tax Compliance as a Requirement to Qualify for Kenai River Guide Permits (Mayor) (Referred to Policies and Procedures Committee) Ordinance : Accepting and Appropriating a Grant from the U.S. National Oceanic and Atmospheric Administration in the Amount of $399,659 for the Cook Inlet Salmon Branding Project (Mayor, Moss) (Hearing on 03/11/03) (Referred to Finance Committee) Ordinance : Establishing the Lowell Point Emergency Service Area and Providing for an Elected Board (Long, Mayor) (Hearing on 03/11/03) (Referred to Lands Committee) Ordinance : Confirming the Assessment Roll for the K-B Subdivision Road Improvement Assessment District (Mayor) (Hearing on 03/11/03) (Referred to Finance Committee) Ordinance : Amending KPB Chapter to Eliminate the Requirement that Electronic Recordings Constitute the Official Record of Assembly Meetings, and to Provide That Minutes Shall be Prepared by the Borough Clerk and Approved by the Assembly (Policies and Procedures Committee) (Hearing 03/11/03) (Referred to Polices and Procedures Committee) Vol. 43, Page 18 February 4, 2003

3 President Sprague called for public comment on consent agenda items with none being offered. AGENDAS APPROVED AS AMENDED: COMMENDING RESOLUTIONS AND PROCLAMATIONS Assembly President Sprague presented a commending resolution to Deputy Clerk Sherry Biggs recognizing her election to the office of President of the Alaska Association of Municipal Clerks. PUBLIC COMMENTS AND PRESENTATIONS (Tape 1, 500) Diana Zirul, president of Central Peninsula General Hospital, Inc., provided a quarterly update on hospital activities for the reporting period September 1 to December 31, Ms. Zirul introduced David Gilbreath, the hospital s new CEO. Captain Tom Bowman, provided an update on the Alaska State Troopers activity within the Kenai Peninsula Borough. (Tape 1, 1700) Sherman C. Red Smith, Cooper Landing, discussed a proposed resolution to better manage the Chugach National Forest. Tim Navarre, PO Box 92, Kenai, AK, discussed the value of previous lobbying efforts at both the state and federal levels. COMMITTEE REPORTS (Tape 1, 2200) Assembly Member Moss said the Finance Committee discussed its agenda. President Sprague reported on the Investment Options Workshop as presented by Michael O Leary of Callan Associates, Inc. MOTION: MOTION PASSED: Moss moved to appoint Gary Superman as the assembly s investment liaison to the administration. Assembly Member Martin said the Lands Committee addressed its brief agenda. Assembly Member Glick reported the Policies and Procedures Committee met and discussed its agenda items. Assembly Member Long said the Legislative Committee held a federal legislative priorities workshop on January 31, 2003, and continues to work on the priority list. Mr. Long reported on the legislative trip to Juneau. February 4, 2003 Vol. 43, Page 19

4 REPORTS OF COMMISSIONS AND COUNCILS - None. MAYOR S REPORT (Tape 1, 3500) 1. Agreements and Contracts 2. Other a. Approval of thirty-one day extension of contract with AeroMap US for multispectral Imaging b. Approval of sole source with Eagle Enterprises, Inc. for purchase of Scott Air packs for Central Emergency Services c. Approval for waiver of formal bidding procedures for the passenger lift replacement project at the Borough Administration Building a. Memo from Mayor Bagley regarding appointment of David Gibbs to Coordinator of Emergency Management position b. Investment Portfolio Report as of December 31, 2002 Mayor Bagley announced that with the recent heavy rains, flooding was occurring at Mile 22 of the Seward Highway and at Mile 55 of the Sterling Highway. PUBLIC HEARINGS ON ORDINANCES Ordinance : Accepting and Appropriating $10,000 from the Alaska Department of Environmental Conservation for the Development and Implementation of Geographic Response Strategies and Authorizing the Mayor to Contract with Cook Inlet Regional Citizens Advisory Council to Provide the Services (Mayor) (Referred to Finance Committee) (Tape 2, 120) MOTION: Moss moved to enact Ordinance President Sprague called for public comment. The following people spoke in favor of Ordinance : Bob Shavelson, Executive Director of Cook Inlet Keeper Mike Munger, Cook Inlet Regional Citizens Advisory Council Jim Butler, PO Box 191, Kenai, AK There being no one else who wished to speak, President Sprague closed the public comment period. MOTION TO ENACT PASSED: Vol. 43, Page 20 February 4, 2003

5 Ordinance : Accepting and Appropriating $25,000 from the Alaska Department of Military and Veterans Affairs, Division of Emergency Services, to Continue the Work of the Local Emergency Planning Committee (Mayor) (Referred to Finance Committee) (Tape 2, 540) MOTION: Moss moved to enact Ordinance President Sprague called for public comment. Bob Shavelson, Executive Director of Cook Inlet Keeper, spoke in favor of Ordinance There being no one else who wished to speak, President Sprague closed the public comment period. MOTION TO ENACT PASSED: Ordinance : Amending the Assembly Agenda s Order of Business to Provide for Committee Reports Prior to Assembly Consideration of Items on the Consent Agenda (Sprague) (Referred to Policies & Procedures Committee) (Tape 2, 670) MOTION: Glick moved to enact Ordinance President Sprague called for public comment. Paul Zimmerman, PO Box 414, Kasilof, AK, suggested that public comment be allowed prior to the adoption of the consent agenda. Borough Clerk Murphy noted that the Borough Code provided for a public comment period prior to adoption of the consent agenda. There being no one else who wished to speak, the public comment period was closed. MOTION TO ENACT PASSED: Emergency Ordinance : Appropriating Borough Funds in the Amount of $140,000 for the Replacement of the Passenger Elevator at the Borough Administration Building (Mayor) (Referred to Finance Committee) (Tape 2, 970) MOTION: Moss moved to enact Emergency Ordinance President Sprague called for public comment with none being offered. MOTION TO AMEND BY SUBSTITUTION: Moss moved to amend Emergency Ordinance by substitution. February 4, 2003 Vol. 43, Page 21

6 MOTION TO AMEND BY SUBSTITUTION PASSED: MOTION TO ENACT SUBSTITUTE PASSED: NEW BUSINESS (Tape 2, 1425) Resolution : Classifying Certain Borough Land Located Within Sections 20 and 21, T5N, R11W, S.M., Alaska as Agriculture and Preservation (Mayor) (Referred to Lands Committee) MOTION: Martin moved to adopt Resolution President Sprague called for public comment with none being offered. MOTION: Martin moved to amend Resolution as follows: Section 1 to read,...as preservation. A wetlands determination survey of the property shall be conducted by an independent third party such as the U.S. Department of Agriculture or the Corps of Engineers to delineate those wetland areas... MOTION TO AMEND PASSED: MOTION TO ADOPT AS AMENDED PASSED: Resolution : Supporting the Federal Outer Continental Shelf Oil and Gas Lease Sales 191 & 199 (Mayor, Superman) (Referred to Lands Committee) (Tape 2, 1790) MOTION: Martin moved to adopt Resolution President Sprague called for public comment. The following people spoke in opposition to Resolution : Mike Yourkowski, 3059 Kachemak Drive, Homer, AK, spoke on behalf of the Homer City Council Michael LeMay, Clover Avenue, Homer, AK Mako Haggerty, PO Box 2001, Homer, AK Phil Warren, PO Box 4, Homer, AK, spoke on behalf of the Homer Charter Boat Operators Joel Cooper, PO Box 3585, Homer, AK Brian Hirsch, Greer Road, Fritz Creek, AK George Overpeck, PO Box 461, Homer, AK spoke on behalf of the Kachemak Bay Shellfish Growers Association Vol. 43, Page 22 February 4, 2003

7 Paul Zimmerman, PO Box 414, Kasilof, AK Bob Shavelson, spoke on behalf of Cook Inlet Keeper The following people spoke in favor of Resolution : Harry Eaton, Barksdale Drive, Nikiski, AK Dan Ungrue, PO Box 1427, Kenai, AK Blaine Gilman, 216 Susieana Lane, Kenai, AK Jack Brown, PO Box 7073, Nikiski, AK Jim Butler, PO Box 191, Kenai, AK Tim Navarre, PO Box 92, Kenai, AK There being no one else who wished to speak, President Sprague closed the public comment period. (Tape 3, 1035) Bill Popp, Oil & Gas Liaison, explained the history of the Tri-Borough Resolution (Resolution ). (Tape 3, 1920) Assembly Member Davis spoke in favor of Resolution MOTION TO AMEND BY SUBSTITUTION: Martin moved to amend Resolution by substitution. VOTE ON MOTION TO AMEND BY SUBSTITUTION: Yes: Glick, Martin, Moss No: Fischer, Merkes, Long, Davis, Superman, Sprague Absent: None MOTION TO AMEND FAILED: 3 Yes, 6 No, 0 Absent (Tape 3, 3100) The gavel was passed to Vice President Superman while Assembly President Sprague proposed an amendment. MOTION: Sprague moved to amend the 9th Whereas as follows: VOTE ON MOTION TO AMEND: Yes: No: Whereas, the Assembly [ADMINISTRATION] believes that the MMS must continue to [HAS] address[ed] the concerns expressed in the Tri-Borough Resolution... Davis, Martin, Moss, Long, Merkes, Glick, Sprague Fischer, Superman February 4, 2003 Vol. 43, Page 23

8 Absent: MOTION TO AMEND PASSED: None 7 Yes, 2 No, 0 Absent The gavel was returned to President Sprague. MOTION: Long moved to amend Resolution by inserting a new clause as the 10th Whereas to read: Whereas, the Assembly believes that all appropriate state and federal agencies and Congress must address each of the remaining concerns of the Tri-Borough Agreement that are beyond the scope of authority of the MMS; and MOTION TO AMEND PASSED: MOTION: Martin moved to amend Resolution as follows: Final Whereas to read, at the January 27, 2003 meeting of the Planning Commission, the members of the Commission voted unanimously in support of the Outer Continental Shelf Lease sales as modified by the proposed Alternates 3 and 4 that withdraw over 300,000 acres near the lower Kenai Peninsula and the Barren Islands [THE PLANNING COMMISSION ADDRESSED THE PROPOSED OCS LEASE SALES AT ITS REGULAR MEETING ON JANUARY 27, 2003 AND RECOMMENDED TO THE ASSEMBLY]; MOTION TO AMEND PASSED: MOTION: Glick moved to amend the 4th Whereas to read as follows: Whereas, the DEIS estimates potential tax revenues to the resulting from new pipelines and shore-based facilities built to develop and deliver oil or gas from the OCS at $2.7 [$2.8] million per year over a 15 year period; and Vol. 43, Page 24 February 4, 2003

9 MOTION TO AMEND PASSED: Assembly Members Moss and Martin spoke in opposition to Resolution VOTE ON MOTION TO ADOPT AS AMENDED: Yes: No: Absent: MOTION TO ADOPT AS AMENDED PASSED: Davis, Glick, Superman, Merkes, Long, Fischer, Sprague Martin, Moss None 7 Yes, 2 No, 0 Absent Resolution : Clarifying Policy Governing Correspondence by Service Area Boards, Advisory Planning Commissions and Their Members (Glick) (Referred to Policies and Procedures Committee) MOTION: Glick moved to adopt Resolution President Sprague called for public comment with none being offered. MOTION: Glick moved to postpone Resolution until the February 18, 2003 meeting. (Tape 4, 185) MOTION TO POSTPONE PASSED: PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (Tape 4, 260) Paul Zimmerman, PO Box 414, Kasilof, AK, responded to a letter he received from Mayor Bagley. Bob Shavelson, Executive Director of Cook Inlet Keeper, suggested that more than three minutes be allowed for public testimony on important issues. ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS (Tape 4, 425) NACo Legislative Conference - Washington, DC February 28 - March 4, 2003 The next meeting of the Assembly was scheduled for February 18, 2003, at 7:00 p.m. in the Assembly Chambers, Borough Administration Building, Soldotna, Alaska. ASSEMBLY COMMENTS (Tape 4, 440) Assembly Member Superman requested an excused absence from the next assembly meeting. President Sprague granted the request. February 4, 2003 Vol. 43, Page 25

10 Assembly Member Long said that the passage of Resolution was a difficult decision for many assembly members. Mr. Long said the Economic Development District had elected new officers for the year. Assembly Member Merkes thanked Bill Popp for his work on the OCS Lease Sale 191 and 199. Ms. Merkes encouraged everyone to consider the critical habitat areas that may be effected. Assembly Member Moss congratulated Deputy Clerk Sherry Biggs on her election to the office of President of the Alaska Association of Municipal Clerks. Assembly President Sprague said the legislative trip to Juneau was very productive. President Sprague expressed his sympathy for the families of the space shuttle Columbia. ADJOURNMENT (Tape 4, 650) With no further business to come before the assembly, President Sprague adjourned the meeting at 11:50 p.m. I certify the above represents an accurate summary of the assembly meeting of February 4, Linda S. Murphy, Borough Clerk Vol. 43, Page 26 February 4, 2003