Assembly Meeting Summary

Transcription

1 June 19, :00 p.m. Regular Meeting - Soldotna, Alaska CALL TO ORDER A Regular Meeting of the Assembly was held on June 19, 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 Phil Edgerly, Reflection Lake Chapel. There were present: Tim Navarre, Presiding Paul Fischer Ron Long Milli Martin Grace Merkes Chris Moss Bill Popp Mark Powell 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, 70) MOTION TO APPROVE AGENDAS: Popp 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 items were added to the consent agenda: Resolution : Confirming an Appointment to Non-Borough Committees and Boards (Navarre) June 19, 2001 Volume 42, Page 21

2 Ordinance : Appropriating $65,000 to Fund the Next Step of the Regional Branding and Marketing Strategy for Cook Inlet Salmon Fisheries (Powell, Moss, Navarre, Popp, Sprague) (Shortened Hearing on 07/10/01) Ordinance : Placing a Binding Proposition on the Ballot that, if Approved by the Voters, Would Authorize the to Participate in the Proposed Construction and Private For-Profit Operation of a Prison in the (All Members of the Assembly) (Shortened Hearing on 07/10/01) The following item was withdrawn at the request of the sponsors, Assembly Members Sprague and Martin: Resolution : Placing a Proposition on the October 2001 Ballot Questioning Whether the Borough Should Contract with the State and One or More Private Entities to Build and Operate an 800-To 1,000-Bed Medium Security Prison in the Kenai Peninsula Borough (Sprague, Martin) (Hearings on 06/19/01, 07/10/01 & 08/07/01) (Referred to Lands 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 : Award of a Contract for the Tustumena Elementary School and Paul Banks Elementary School Roof Replacement Project (Mayor) (Referred to Finance Committee) Resolution : Award of a Contract for Chapman Elementary School Re-Roofing Project 2001 (Mayor) (Referred to Finance Committee) [Clerk s Note: Resolution Second Whereas was amended to read, the low bid submitted by Peninsula Roofing, Inc. for the project is fair and reasonable, and the bidder is qualified to perform the work; and Section 1. was amended to read, That the mayor is authorized to award a contract to Peninsula Roofing, Inc. in the amount of $104,265. ] Resolution : Authorizing Award of Contracts for Seven Road Capital Improvement Projects (Mayor) (Referred to Finance Committee) [Clerk s Note: Assembly Member Long noted he lived on one of the roads scheduled for improvements under Resolution and had previously worked for the successful bidder. President Navarre ruled there was no conflict of interest.] Resolution : To Form the K-B Subdivision Road Improvement Assessment District and Proceed with the Improvement (Mayor) ( Referred to Lands Committee) Resolution : Authorizing Central Peninsula General Hospital to Purchase Two Acuson Ultrasound Units (Mayor) (Referred to Finance Committee) Vol. 42, Page 22 June 19, 2001

3 Resolution : Confirming an Appointment to Non-Borough Committees and Boards (Navarre) Ordinance : Appropriating $348,156 to the Special Assessment Fund for the K-B Subdivision Road Improvement Assessment District (Mayor) (Shortened Hearing on 07/10/01) (Referred to Finance Committee) Ordinance : Establishing the Confidential Service and Designating Their Disciplinary Appeal Procedures (Mayor) (Hearing on 08/07/01) (Referred to Policies and Procedures Committee) Ordinance : Placing a Binding Proposition on the Ballot that, if Approved by the Voters, Would Authorize the to Participate in the Proposed Construction and Private For-Profit Operation of a Prison in the (All Members of the Assembly) (Shortened Hearing on 07/10/01) Ordinance : Accepting and Appropriating $54,000 for a Financial Analysis and Community Needs Assessment for South Peninsula Hospital as a Prerequisite for Designation as a Critical Access Hospital (Mayor at the request of the South Peninsula Hospital Service Area Board) (Shortened Hearing on 07/10/01) (Referred to Finance Committee) Ordinance : Appropriating $65,000 to Fund the Next Step of the Regional Branding and Marketing Strategy for Cook Inlet Salmon Fisheries (Powell, Moss, Navarre, Popp, Sprague) (Shortened Hearing on 07/10/01) President Navarre called for public comment on consent agenda items. Ed Martin, Sr., PO Box 521, Cooper Landing, AK, spoke in favor of Ordinance Rick Oldham, East End Road, Fritz Creek, AK, spoke in favor of Ordinance Gary Fandrei, Executive Director of Cook Inlet Aquaculture Association, spoke in favor of Ordinance There being no one else who wished to speak, the public comment period was closed. AGENDAS APPROVED AS AMENDED: COMMENDING RESOLUTIONS AND PROCLAMATIONS - None. PUBLIC COMMENTS AND PRESENTATIONS (Tape 1, 600) Pat Shanahan and Christopher K. Mitchell, of Seafood Market Developers, provided the assembly with their report, A Needs Assessment Report for the Branding of Cook Inlet Salmon. June 19, 2001 Volume 42, Page 23

4 Sherman C. Red Smith, PO Box 770, Cooper Landing, AK provided an update on the lawsuit between the State of Alaska and the US Forest Service. COMMITTEE REPORTS (Tape 1,1580) Joan Bennett Schrader, PO Box 1264, Kenai, AK, presented the Space Allocation Committee s Final Report and Recommendations. The Committee had prepared several options for consideration. Assembly President Navarre thanked Ms. Schrader for her work on the Space Allocation Committee over the last two years. Assembly Member Popp reported the Legislative Committee heard from Representatives Lancaster and Scalzi who provided an update on the recent legislative session and upcoming issues. Assembly Members Long, Merkes, and Sprague and Borough Clerk Murphy were scheduled to attend the Annual AML Legislative Committee Summer Meeting in Seward from July12-13, MOTION: MOTION PASSED: MOTION: MOTION PASSED: Popp moved to approve travel expenses for the Assembly President to attend the National Association of Counties (NACo) Annual Conference in Philadelphia, PA, July 13-17, Popp moved to approve travel costs to Washington, DC for President Navarre and himself, as Legislative Committee Chair, to discuss federal legislation and funding issues, with tentative travel dates of July 17-19, Assembly Member Long stated the Lands Committee met and heard public testimony on several agenda items. Assembly Member Fischer reported the Policies and Procedures Committee met and discussed Ordinance Assembly Member Merkes said the Finance Committee discussed numerous agenda items. Assembly President Navarre reported the Committee of the Whole met in executive session and discussed the Borough Clerk s annual contract. Ms. Murphy received an excellent evaluation and very positive remarks. President Navarre appreciated her dedication and professionalism. Mr. Navarre also thanked Deputy Clerk Sherry Biggs for her commitment. The committee also heard a presentation from the Assessing Director, Shane Horan, on the assessment of timberlands subject to the Alaska Native Claims Settlement Act (ANCSA). Mr. Horan was asked to provide additional information at the July 10, 2001 meeting. Vol. 42, Page 24 June 19, 2001

5 President Navarre read a letter from the City of Seldovia, supporting reconsideration of Resolution on school board districting issues. REPORTS OF COMMISSIONS AND COUNCILS - None. MAYOR S REPORT (Tape 1, 2170) 1. Agreements and Contracts 2. Other a. Approval of Cooperative Agreement between KPB and the Alaska Division of Forestry to hire Tazlina Hot Shots for seasonal firefighting and removal of hazard trees from Borough facilities and public areas b. Approval of Cooperative Agreement between KPB and Homer Electric Association, Inc. for utility hazard tree removal c. Approval of Waste Disposal Agreements between KPB and Holland America and Carnival Cruise Lines for acceptance of solid waste off loaded in Seward and Homer d. Approval of sole source contract with ACS for 911 Equipment Maintenance Services e. Approval of sole source contract with Scott Bourn Associates, Inc. for Paramedic Refresher Training Course a. Capital Projects - June 2001 Progress Report b. Budget Revisions - May 2001 c. Revenue Expenditure Report - May 2001 Assembly Member Popp inquired of budget transfers within the Maintenance Department and a lengthy discussion ensued. Mayor Bagley said Dave Tressler, Director of Maintenance, would be in attendance at the July 10, 2001 meeting to report on the budget transfers. PUBLIC HEARINGS ON ORDINANCES Ordinance : Appropriating Supplemental Funding to Complete Work on the Radiology Room and for State of Alaska Requested Remodels at the Kenai Health Building (Mayor) (Referred to Finance Committee) (Tape 1, 2750) MOTION: Merkes moved to enact Ordinance President Navarre called for public comment. June 19, 2001 Volume 42, Page 25

6 Cliff Baker, Chairman of Central Peninsula Hospital Service Area Board, stated at the June 18, 2001 meeting, the board recommended approval of Ordinance There being no one else who wished to speak, President Navarre closed the public comment period. MOTION: Sprague moved to amend Ordinance as follows: 5th Whereas to read, the Central Peninsula Hospital Service Area Board as its June 18, 2001 meeting recommended approval; and MOTION TO AMEND PASSED: MOTION TO ENACT AS AMENDED PASSED: UNFINISHED BUSINESS (Postponed Items) Resolution : Authorizing the Mayor to Contract for Project Management of the North Road Extension Project (Brown) (Referred to Lands Committee) (Tape 1, 2900) [Clerk s Note: Motion to adopt was on the floor from the May 15, 2001 meeting.] President Navarre called for public comment with none being offered. MOTION: Popp moved to amend Resolution as follows: Title to read,...for PROJECT MANAGEMENT OF THE NORTH ROAD EXTENSION PROJECT AND THE SPRUCE CREEK BRIDGE PROJECT 1st Whereas to read,...for construction of the North Road Extension ( NRE ), and approximately $231,000 for repair and construction of the Spruce Creek Bridge ( SCB ) project in Seward; and 5th Whereas to read, the NRE project and the SCB project are [IS] reimbursable and therefore it is critical that all federal procedures be properly followed and requirements met in order for the borough to Vol. 42, Page 26 June 19, 2001

7 be reimbursed for construction of the NRE and the SCB; Section 1 to read, That the administration is authorized to provide for project management of the NRE and the SCB project in the manner... MOTION TO AMEND PASSED: MOTION TO ADOPT AS AMENDED PASSED: Ordinance : Classifying Seven Parcels as Rural and Authorizing Ten- Year Term Grazing Leases (Mayor) (Referred to Lands Committee) (Tape 1, 3100) [Clerk s Note: Motion to enact was on the floor from the June 5, 2001 meeting.] Ordinance (Mayor s Substitute): Authorizing 27.5-Year Grazing Lease Renewals (Mayor) (Referred to Lands Committee) MOTION: Martin moved to amend Ordinance by substitution. MOTION TO AMEND BY SUBSTITUTION PASSED: President Navarre called for public comment. The following people spoke in favor of Ordinance (Mayor s Substitute): Pete Roberts, PO Box 1134, Homer, AK, Shirley Schollenberg, Sterling Highway, Anchor Point, AK Neil Kinney, PO Box 672, Anchor Point, AK Edna Anderson, PO Box 4441, Homer, AK John Kistler, Kalifornsky Beach Road, Kenai, AK There being no one else who wished to speak, the public comment period was closed. Board Members Merkes, Martin, Long, and Popp spoke in favor of Ordinance (Mayor s Substitute). MOTION TO ENACT AS AMENDED PASSED: UNFINISHED BUSINESS (Notice to Reconsider) (Tape 2, 350) June 19, 2001 Volume 42, Page 27

8 Resolution : Authorizing the Reapportionment Committee to Consider School Board Districting (Navarre) (Referred to Committee of the Whole) [Clerk s Note: Notice of Reconsideration was given by Assembly President Navarre at the June 6, 2001 meeting.] The gavel was passed to Vice President Sprague. MOTION TO RECONSIDER: VOTE ON MOTION TO RECONSIDER: Yes: No: Absent: MOTION TO RECONSIDER PASSED: Navarre moved to reconsider Resolution Navarre, Long, Powell, Fischer, Martin Popp, Merkes, Moss, Sprague None 5 Yes, 4 No, 0 Absent Vice President Sprague called for public comment. John Kistler, Kalifornsky Beach Road, Kenai, AK, spoke in opposition to Resolution There being no one else who wished to speak, Vice President Sprague closed the public comment period. MOTION: Martin moved to amend Resolution to read as follows: Section 1....is authorized to consider school board election options including districting in addition to... VOTE ON MOTION TO AMEND: Yes: No: Absent: MOTION TO AMEND FAILED: Martin, Powell, Fischer, Navarre Popp, Merkes, Moss, Sprague, Long None 4 Yes, 5 No, 0 Absent Assembly Members Martin and Fischer spoke in favor of Resolution Assembly Members Moss and Popp spoke in opposition to Resolution (Tape 2, 1150) Vice President Sprague returned to gavel to President Navarre. Mr. Sprague spoke in opposition to Resolution The gavel was returned to Vice President Sprague. Vol. 42, Page 28 June 19, 2001

9 VOTE ON MOTION TO ADOPT: Yes: No: Absent: MOTION TO ADOPT PASSED: Navarre, Martin, Fischer, Long, Powell Sprague, Moss, Popp, Merkes None 5 Yes, 4 No, 0 Absent NEW BUSINESS Petition to vacate the westerly portion of Cohoe Lakes Drive and the 60' wide access reserve located at the west end as reserved and dedicated by Cohoe Lakes Subdivision (Plat K-1430). Portion proposed for vacation is the full 60 foot width and extends from the west boundary of the subdivision for approximately 500 feet easterly along the centerline of the access reserve and Cohoe Lakes Drive, including the entire cul-de-sac, within Section 22, Township 3 North, Range 12 West, Seward Meridian, Alaska; KPB File No (Referred to Lands Committee) (Tape 2, 1450) [Clerk s Note: The Planning Commission approved the referenced vacation during its regularly scheduled May 29, 2001 meeting. The following motion passed by a majority vote (7 Yes, 3 No, 1 Vacant); Approval be contingent on the right-of-way to the north being constructed to the level of the road proposed for vacation.] MOTION: Popp moved to veto the action of the Planning Commission. President Navarre called for public comment. Cliff Baker of Integrity Surveys, represented the petitioner, Mr. Theodore J. Shaw, and answered questions from assembly members. There being no one else who wished to speak, President Navarre closed the public comment period. MOTION TO VETO PLANNING COMMISSION ACTION PASSED: PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (Tape 2, 2360) Paul Shadura, Rockwood Drive, Kenai, AK, thanked the assembly for their support of the Cook Inlet branding promotional efforts. John Kistler, Kalifornsky Beach Road, Kenai, AK, agreed to disagree with the assembly. ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS (Tape 2, 2520) Reapportionment Committee June 21, :00 p.m. Soldotna June 19, 2001 Volume 42, Page 29

10 Reapportionment Committee June 28, :00 p.m. Soldotna Work Session with Kachemak July 9, :00 p.m. Homer Emergency Service Area Board The next meeting of the Assembly was scheduled for July 10, 2001, at 7:00 p.m. in the Borough Assembly Chambers, Soldotna, Alaska. ASSEMBLY COMMENTS (Tape 2, 2650) Assembly Member Martin thanked everyone for their work on the grazing leases. Assembly Member Popp invited everyone to attend the Annual Kenai Rotary Club Breakfast scheduled for July 4th. The Kenai River Classic was scheduled for July 4-8, 2001, with fund raising efforts to benefit habitat protection along the Kenai River. Assembly Member Powell appreciated the support on the Cook Inlet branding project. Assembly Member Merkes appreciated the opinions expressed by Mr. John Kistler. Ms. Merkes invited all golfers to participate in the American Red Cross golf tournament scheduled for July 7, Assembly Member Long noted the annual Mt. Marathon Race in Seward on the Fourth of July. Assembly Member Moss said the official start of the salmon season would be in full swing by the next assembly meeting and wished a successful fishing season to all. Assembly President Navarre wished a Happy Birthday to Borough Attorney Colette Thompson. Mr. Navarre thanked his fellow assembly members for their work this month on budget work sessions and Board of Equalization hearings. President Navarre appreciated the meeting arranged by Mayor Bagley at Alaska Petroleum Contractors (APC) and the walk-thru at the Wards Cove Packing Company facility to discuss economic development opportunities. President Navarre said he would introduce legislation at the July 10th meeting to allow the borough to exercise recreation powers. Mayor Bagley was asked about the $250,000 appropriation for the re-evaluation of the Comprehensive Plan. Mayor Bagley said Planning Director Bright would attend the July 10, 2001 assembly meeting and answer questions from the assembly. ADJOURNMENT (Tape 2, 3250) With no further business to come before the assembly, President Navarre adjourned the meeting at 10:05 p.m. I certify the above represents an accurate summary of the assembly meeting of June 19, Linda S. Murphy, Borough Clerk Vol. 42, Page 30 June 19, 2001