Assembly Meeting Minutes

Transcription

1 April 15, :00 p.m. Regular Meeting - Soldotna, Alaska CALL TO ORDER A Regular Meeting of the Assembly was held on April 15, 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 Pastor Bruce Hardesty of the Church of the Nazarene in Soldotna. There were present: Pete Sprague, Presiding John Davis Paul Fischer Betty Glick Ron Long Milli Martin Grace Merkes Chris Moss Gary Superman comprising a quorum of the assembly. Also in attendance were: Dale Bagley, Borough Mayor Colette Thompson, Borough Attorney Linda Murphy, Borough Clerk Johni Blankenship, Administrative Assistant COMMITTEE REPORTS (Tape 1, 120) Assembly Member Moss reported the Finance Committee met and discussed its agenda items. 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. The Committee also met in executive session to discuss the borough clerk s annual evaluation. Assembly Member Long said the Legislative Committee heard from members of the Peninsula Legislative Delegation via teleconference on current bills before the State Legislature. The April 15, 2003 Vol. 43, Page 61

2 committee also discussed hiring a lobbyist to work in Juneau on behalf of borough education funding. MOTION: Long moved to transfer $10,000 from the Assembly Contingency Account No to the Assembly Contract Services Account No and to authorize the execution of a contract with Ed McLain to provide lobbying services for education issues in Juneau through the end of the 2003 legislative session. Assembly Member Long encouraged the Assembly to support the motion, indicating the importance of utilizing all resources available to the borough in order to support borough education. Assembly Member Fischer spoke against the motion. He stated the borough was already a member of the Alaska Municipal League and it was AML s duty to lobby on behalf of its members. Assembly Member Merkes spoke against the motion. Assembly Member Martin spoke in favor of the motion. She stated the Alaska Municipal League was in a position to lobby for its members, however, she believed AML s strength was on statewide issues. She noted the borough had a unique position with respect to the state s funding formula. Assembly Member Glick spoke against the motion. She stated the borough s elected officials were in a better position to lobby on behalf of the borough. She said it had been her experience that the legislature preferred to work with and hear from the borough s elected officials rather than a lobbyist. Assembly Member Long addressed the concerns raised by some of the assembly members. He also noted that some assembly members would be traveling to Juneau next week for AML Conference; however, he further noted that every other community in the State would have elected officials traveling to Juneau at that time. He restated the need for a contact in Juneau. Assembly Member Superman spoke against the motion. He stated he did not agree with the position held by Mr. Long. He did not belief the legislature would be acting on the education formula this session and he thought hiring a lobbyist would be a waste of money at this late date. He noted a better alternative for future funding of education may be to find a new source of revenue (example: State Lottery). Assembly Member Moss that it would be in the best interest of the borough to spend the money for the lobbyist in the off chance that it would benefit the school district. MOTION: Fischer moved to table the motion. VOTE ON MOTION TO TABLE: Vol. 43, Page 62 April 15, 2003

3 MOTION TO TABLE PASSED: Superman, Merkes, Glick, Fischer, Davis Long, Martin, Sprague, Moss 5 Yes, 4 No, 0 Absent APPROVAL OF AGENDA AND CONSENT AGENDA (Tape 1, 1353) MOTION TO APPROVE AGENDAS: Glick moved for 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 added to the regular agenda: A Resolution Commending the Kenai Peninsula Hockey Association s Ice Hawk Pee Wee Tier III Hockey Team as 2003 Tier III Alaska State Champions (Sprague) Resolution : Authorizing the to Enter into a Contract with the Arctic Winter Games International Committee to Conduct the 2006 Arctic Winter Games in the (Mayor) (Referred to Policies and Procedures Committee) The following items were moved from the consent agenda to the regular agenda: Resolution : Establishing an Additional Major Capital Projects Administrator Position in the Capital Projects Department (Mayor) (Referred to Policies and Procedures Committee) Resolution : Establishing Policy with Respect to Federal Anti-Terrorism Acts, Legislation and Orders (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. April 1, 2003 regular assembly meeting minutes Resolution : Authorizing CPGH, Inc. to Award a Contract to ACS for the Upgrade of the Hospital Telephone System (Mayor) (Referred to Finance Committee) Resolution : Authorizing Transfer of $17,500 in Available Funds from the Non- Departmental Appropriation for Contract Services to the Non-Departmental Appropriation for the Kenai Peninsula Tourism Marketing Council (KPTMC) (Mayor) (Referred to Finance Committee) April 15, 2003 Vol. 43, Page 63

4 Resolution : Authorizing Participation in the Denali Commission Multi-Use Facilities Request For Proposals Which Will Provide a Fire Station For Kachemak Emergency Service Area and Public Community Hall (Mayor) (Referred to Lands Committee) Resolution : Providing for the Issuance and Sale of General Obligation Bonds of the in the Aggregate Principal Amount of Not to Exceed $7,040,000 to Pay the Costs of Solid Waste Improvements in the Borough, Fixing Certain Details of Such Bonds, and Pledging the Full Faith and Credit of the Borough to the Payment Thereof (Mayor) (Referred to Finance Committee) Ordinance : Amending KPB Chapter 4.30, Candidate Qualifications, to Provide Required Forms in a Timely Manner (Sprague at request of Borough Clerk) (Hearing on 05/20/03) (Referred to Policies and Procedures Committee) President Sprague called for public comment with none being offered. AGENDAS APPROVED AS AMENDED: Unanimous without objection. COMMENDING RESOLUTIONS AND PROCLAMATIONS (Tape 1, 1535) Assembly Member Superman presented a commending resolution to the Nikiski High School girls basketball team in recognition of their 2003 Class 3A state championship. Assembly Member Fischer commended the Ninilchik High School girls basketball team as District III/2A state champions. Assembly Member Sprague commended the Kenai Peninsula Hockey Association Tier III Pee Wee team as the 2003 Tier III Alaska State Champions. PUBLIC COMMENTS AND PRESENTATIONS (Tape 1, 2028) Alison Simpson, Rachel Beatty, Stevie Pyfer, Jamie Miller and Matthew Smith, students from Skyview High School, presented Protecting the Integrity of the Kenai Estuary Flats and Developing Low Impact Tourism. Tom Boedeker, Board Member representing Central Peninsula General Hospital Inc., presented a quarterly report for the period ending March 31, REPORTS OF COMMISSIONS AND COUNCILS MAYOR S REPORT (Tape 2, 27) Mayor Bagley announced the signing ceremony for the Arctic Winter Games was scheduled for Wednesday, April 16, 2003, at 1:30 pm at the Kenai Central High School Auditorium and encouraged everyone to attend. Vol. 43, Page 64 April 15, 2003

5 Agreements and Contracts a. Approval of sole source contract with Alaska Garden and Pet/Alaska Mill and Feed for fertilizer, grass seed and herbicides for summer landscaping projects b. Contract with Cooper and Company for surveying and plat of Merrywood Avenue c. Contract with McLane Consulting Group for survey and platting services Other a. Budget Revisions - March 2003 b. Revenue Expenditure Report - March 2003 c. Investment Portfolio as of March 31, 2003 d. Capital Projects Progress Report - March 2003 PUBLIC HEARINGS ON ORDINANCES Ordinance : Redirecting $1,487,299 of Previously Appropriated Bond Proceeds from the 2000 General Obligation School Bonds and Appropriating $403,175 of Interest Income to Fund School Capital Improvement Projects (Mayor) (Referred to Finance Committee) (Tape 2, 65) MOTION: Moss moved to enact Ordinance Assembly Member Moss gave a brief committee report on Ordinance He indicated the bonds had been approved in 2000 by the public and the ordinance was a redirection of the unused bond proceeds and earned interest income. President Sprague called for public comment with none being offered. MOTION: Moss moved to amend Ordinance as follows: Replace the existing Section 2. with the following: SECTION 2.That $1,890,474 in bond proceeds is appropriated to the following projects accounts: Soldotna Middle School Classroom Renovations $1,165,474 Account No SMS Nanwalek Roof/Drainage Improvements April 15, 2003 Vol. 43, Page 65

6 $325,000 Account No NAN Skyview High School Water Tankage $75,000 Account No WTR Ninilchik Pool Repairs $200,000 Account No NPO Sears Elem. Fire Alarm System $ 125, SFA MOTION TO AMEND PASSED: Unanimous without objection. VOTE ON MOTION TO ENACT AS AMENDED: MOTION TO ENACTED AS AMENDED PASSED: Long, Glick, Fischer, Davis 9 Yes, 0 No, 0 Absent Ordinance : Authorizing the Lease of 54 Acres + Located Within the Buffer Property of the Central Peninsula Landfill to Kenai Peninsula Archers at Less than Market Value (Mayor) (Referred to Lands Committee) MOTION: Martin moved to enact Ordinance Assembly Member Martin gave a committee report on Ordinance She stated the Kenai Peninsula Archers had operated the range on the landfill buffer property for approximately 10 years as authorized by Ordinance She stated the lease expired in November 30, 2002 and renewal of the lease was not possible because a portion of the lease area was now designated by the Solid Waste department as Central Peninsula landfill area. She also noted that the 55 acres the Kenai Peninsula Archers proposing to lease was all within the landfill buffer. She reported the Planning Commission had recommended enactment, with proposed amendments, at its March 24, 2003 meeting. President Sprague called for public comment. The following people spoke in favor of Ordinance : Steve Latz, 525 Shane Court, Kenai, AK Emily Kennedy (minor), Junior Olympic Archery Development Team member There being no one else who wished to speak, the public comment period was closed. (Tape 2, 204) MOTION: Martin moved to amend Ordinance as follows: Vol. 43, Page 66 April 15, 2003

7 Insert in Section 1. E. The public will be aware of the lease through publication of the Planning Commission and Assembly agendas. Insert Section 2. C. The remainder of the parcel leased by the Kenai Peninsula Archers is required by the landfill and no longer available for lease. Insert a new Section 3 to read, That the assembly finds that an other than fair market value lease meets the criteria of KPB (D) as set forth in the findings of fact in Section 1 of this ordinance. This offer for negotiated lease shall remain open for a period of 90 days after adoption. And to renumber the remaining sections accordingly. MOTION TO AMEND PASSED: MOTION: MOTION TO AMEND PASSED: Unanimous without objection. Martin moved to amend Ordinance as follows: complete the final Whereas to read, the KPB Planning Commission at its regularly scheduled meeting of March 10, 2003 recommended enactment of the ordinance by unanimous consent with the recommended amendments; Unanimous without objection. VOTE ON MOTION TO ENACT AS AMENDED: MOTION TO ENACT AS AMENDED PASSED: Long, Glick, Fischer, Davis 9 Yes, 0 No, 0 Absent Ordinance : Amending KPB Chapter 5.28 to Clarify the Appeal Process for Procurement and Purchasing Actions (Mayor) (Referred to Policies and Procedures Committee) (Tape 2, 535) MOTION: Glick moved to enact Ordinance April 15, 2003 Vol. 43, Page 67

8 Assembly Member Glick gave a committee report on Ordinance She stated the ordinance clarified some of the vague areas of the appeal process. She stated the ordinance better defined the time line of appeals. President Sprague called for public comment with none being offered. Assembly President Sprague asked Assembly Member Glick for insight regarding Section 1. A. (the three business day time frame). Assembly Member Glick stated the question had not been discussed in committee. Ms. Thompson noted the time period was adopted from other municipal codes and would allow any appeals to be dealt with expeditiously. Assembly President Sprague asked Ms. Thompson for clarification of Section 1., Item I. (Quasi Judicial Process). He asked whether it prohibited the Assembly members from discussing the any bidding or procurement process. She replied that it would be best for Assembly members to refer any questions regarding the bidding process to the administration. She added that general procedural questions could be answered by Assembly members. VOTE ON MOTION TO ENACT: MOTION TO ENACT PASSED: Long, Glick, Fischer, Davis 9 Yes, 0 No, 0 Absent (Tape 2, 730) Ordinance : Providing for Submission to the Qualified Voters of the South Kenai Peninsula Hospital Service Area the Question of Authorizing the Expenditure of Seventeen Million Dollars ($17,000,000) to Pay the Costs of Hospital Capital Improvements, and the Issuance of up to Ten Million Five Hundred Thousand Dollars ($10,500,000) of General Obligation Bonds to Partially Fund the Improvements, at a Special Election in and for the South Kenai Peninsula Hospital Service Area on July 1, 2003 (Mayor at the request of the South Peninsula Hospital) (Referred to Policies and Procedures Committee) MOTION: Glick moved to enact Ordinance Assembly Member Glick gave a brief committee report on Ordinance She stated that the funding question raised at the last meeting had been answered by Charles Franz, David Green and Jeff Sinz to the committee s satisfaction. President Sprague opened the public comment period. The following people spoke in favor of Ordinance : David Green, Maria Road, Homer, AK, South Kenai Peninsula Hospital Service Area Board Chair. Vol. 43, Page 68 April 15, 2003

9 Charlie Franz, Whispering Meadows Avenue, Homer, AK, South Peninsula Hospital Chief Executive Officer. Assembly Member Long asked Mr. Green to reiterate the reason for using a mail out ballot versus waiting for the regular election. Mr. Green stated the board agreed that a mail out ballot had a better opportunity of reaching the voters. He added that waiting until the October election could delay the project for one year. Assembly Member Martin asked Mr. Green to relate the funding sources for the project. Mr. Green stated that funds would be coming from the following sources: bond funds, retained earnings and future earnings of the hospital. The following person spoke in opposition to Ordinance : Ruby Kime, Alice Avenue, Ninilchik, AK There being no one else who wished to speak, the public comment period was closed. Assembly Member Davis asked why the mill rate or maximum mill rate was not included in the ballot language. Ms. Thompson noted that the Alaska State Statues required the insertion of the dollar amount of proposed tax in the ballot language. Assembly Member Moss spoke in support of the by-mail election. Borough Clerk Linda Murphy gave a time line for the by-mail ballot election and indicated the ballot proposition summary would be included with each ballot. She gave a brief overview of the by-mail election procedures and identified options available to the public for voting. [Clerk s Note: A technical amendment was made in Section 4. inserting Ordinance No ] VOTE ON MOTION TO ENACT: MOTION TO ENACT PASSED: Long, Glick, Fischer, Davis 9 Yes, 0 No, 0 Absent NEW BUSINESS (Tape 2, 1140) Resolution : Establishing an Additional Major Capital Projects Administrator Position in the Capital Projects Department (Mayor) (Referred to Policies and Procedures Committee) MOTION: Glick moved to adopt Resolution April 15, 2003 Vol. 43, Page 69

10 Assembly Member Glick gave a brief committee report on Resolution President Sprague called for public comment with none being offered. MOTION: Glick moved to replace the existing Section 2 with the following: SECTION 2. That it is anticipated that the project administrator will be needed for a period of two years with time dedicated solely to solid waste capital projects. The position will be deleted when projects are completed and appropriated monies are spent. VOTE ON MOTION TO AMEND: MOTION TO AMEND PASSED: Glick, Long, Martin, Merkes, Sprague, Davis Moss, Fischer, Superman 6 Yes, 3 No, 0 Absent VOTE ON MOTION TO ADOPT AS AMENDED: MOTION TO ADOPT AS AMENDED PASSED: Long, Glick, Fischer, Davis 9 Yes, 0 No, 0 Absent Resolution : Establishing Policy with Respect to Federal Anti-Terrorism Acts, Legislation and Orders (Glick) (Referred to Policies and Procedures Committee) (Tape 2, 3000) MOTION: Glick moved to adopt Resolution Assembly Member Glick noted that the Policies and Procedures committee did not have an opportunity to discuss Resolution President Sprague opened the public comment period. The following people spoke in support of Resolution : James Price, P.O. Box 7043, Nikiski, AK Vicki Pate, PO Box 7447, Nikiski, AK Ruby Kime, Alice Avenue, Ninilchik, AK There being no one else who wished to speak, the public comment period was closed. Vol. 43, Page 70 April 15, 2003

11 MOTION: Long moved to postpone Resolution to the 05/20/03 meeting and to schedule an additional public hearing on 05/06/03. VOTE ON MOTION TO POSTPONE: MOTION TO POSTPONE PASSED: Long, Glick, Fischer Davis 8 Yes, 1 No, 0 Absent Resolution : Authorizing the to Enter into a Contract with the Arctic Winter Games International Committee to Conduct the 2006 Arctic Winter Games in the (Mayor) (Referred to Policies and Procedures Committee) (Tape 3, 200) MOTION: Glick moved to adopt Resolution Assembly Member Glick gave a brief committee report on Resolution MOTION: Glick moved to postpone Resolution until the 05/20/03 regular meeting. VOTE ON MOTION TO POSTPONE: MOTION TO POSTPONE PASSED: Long, Glick, Fischer 9 Yes, 0 No, 0 Absent PUBLIC COMMENTS AND PUBLIC PRESENTATIONS -. ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS (Tape 3, 480) Board of Equalization May 7, May 27, and May 28, 2003 with additional dates if necessary on May 29 and 30, 2003 The next meeting of the Assembly was scheduled for May 6, 2003, at 7:00 p.m. in the Council Chambers, Seward City Hall, Seward, Alaska. ASSEMBLY COMMENTS Assembly Member Martin thanked Ms. Glick and Ms. Merkes for their work on Resolution April 15, 2003 Vol. 43, Page 71

12 Assembly Member Glick announced the meeting on Wednesday, April 16, 2003 at 10:00 AM with United States Senator Lisa Murkowski. She noted her attendance at the School Board Meeting and gave a brief report. She noted that the borough does not have recreational powers. She read a letter from the President of National Association of Counties to key U.S. Congressman, regarding drilling in the Arctic National Wildlife Refuge. Assembly Member Long thanked the Assembly for approving the funding for the Kenai Peninsula Tourism Marketing Council. He also thanked the students from Skyview for their presentation. Assembly Member Superman announced a meeting on Thursday evening to discuss the Department of Transportation North Road Project at the Nikiski Senior Center. He noted his appreciation for the postponement of Resolution in order to further study the issue. Assembly President Sprague stated four Assembly Members would be traveling to Juneau for the Alaska Municipal League Spring Legislative Conference. He also announced the Tshalteshi Trail Triatholon competition on May 26, ADJOURNMENT (Tape 3, 1052 With no further business to come before the assembly, President Sprague adjourned the meeting at 10:45 p.m. I certify the above represents accurate minutes of the Assembly meeting of April 15, Linda S. Murphy, Borough Clerk Approved by Assembly: Vol. 43, Page 72 April 15, 2003