January 22, 2002-7:00 p.m. Regular Meeting - Soldotna, Alaska CALL TO ORDER A Regular Meeting of the Assembly was held on January 22, 2002, 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 Bob Deardorff, Star of the North Lutheran Church of Kenai. There were present: Tim Navarre, Presiding Paul Fischer Ron Long Milli Martin Grace Merkes Chris Moss Bill Popp Pete Sprague Gary Superman 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 item was added to the consent agenda: Ordinance 2002-05: Authorizing the Mayor to Execute a Lease and Operating Agreement with Central Peninsula General Hospital, Inc. for Central Peninsula General Hospital and January 22, 2002 Vol. 42, Page 147
other Health Care Facilities (Mayor, Committee of the Whole) (Hearings on 02/05/02 and 02/19/02) The following item was moved from the consent agenda to the regular agenda: Resolution 2002-012: Requesting the State Legislature to Disapprove by Resolution the Boundary Change Proposed by the City of Homer and Recommended by the Local Boundary Commission (Mayor, Martin) (Referred to Legislative 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 2002-009: Authorizing Award of a Contract for Professional Services for the Seward Middle School Code Review Project (Mayor) (Referred to Finance Committee) Resolution 2002-010: Authorizing the Rental of Office Space in Seward for a Branch Borough Office (Mayor) (Referred to Finance Committee) [Clerk s Note: A technical amendment was made to Resolution 2002-010 as follows: WHEREAS, at its meeting of January 14, 2002, the planning commission recommended adoption;] Resolution 2002-011: Requesting the State of Alaska Take Necessary Actions to Provide for Protection of the Environment and Adjacent Property During the Personal Use Dipnet and Gillnet Fisheries Near the Mouth of the Kasilof River (Fischer) (Referred to Legislative Committee) Ordinance 2001-19-30: Appropriating $1,400,000 in Supplemental Funding for School Related Maintenance and Improvement Projects (Mayor) (Hearing on 02/19/02) (Referred to Finance Committee) Ordinance 2002-04: Authorizing a Negotiated Long-Term Grazing Lease of Borough Land to Mr. Don Johnson at Other than Fair Market Value for Six Years with Three Five-Year Renewal Options Located Near Swanson River Road Containing 40.01 Acres More or Less (Mayor) (Hearings on 02/05/02 & 02/19/02) (Referred to Lands Committee) Ordinance 2002-05: Authorizing the Mayor to Execute a Lease and Operating Agreement with Central Peninsula general Hospital, Inc. for Central Peninsula General Hospital and other Health Care Facilities (Mayor, Committee of the Whole) (Hearings on 02/05/02 and 02/19/02) Application for Restaurant Designation Permit (Referred to Finance Committee) Happy Valley Bar and Café, Inc., Anchor Point President Navarre called for public comment with none being offered. Vol. 42, Page 148 January 22, 2002
AGENDAS APPROVED AS AMENDED: Unanimous without objection. COMMENDING RESOLUTIONS AND PROCLAMATIONS - None. PUBLIC COMMENTS AND PRESENTATIONS (Tape 1, 275) Kelly Wolf, director of the Youth Restoration Corps, presented a plaque to the Assembly and Mayor Bagley thanking them for their involvement and assistance with the youth program. COMMITTEE REPORTS (Tape 1, 415) Assembly Member Long stated the Legislative Committee reviewed its agenda items and began work on the Federal Legislative Priorities Book. The committee also heard a presentation by Steve Silver, federal lobbyist for the borough, on legislative activities in Washington, DC. Assembly Member Moss stated the Lands Committee met and discussed its agenda and received public testimony on Ordinance 2001-48. Assembly Member Popp stated the Finance Committee discussed its brief agenda items. MOTION: MOTION PASSED: MOTION: VOTE ON MOTION: Yes: No: Absent: MOTION PASSED: Popp moved to transfer $10,000 from the Assembly s Contingency Account 100.11110.49999 to the Arctic Winter Games Project Account. Unanimous without objection. Popp moved to transfer $10,000 from the Assembly s Contingency Account 100.11110.49999 to Assembly In State Travel Account 100.11110.43216 for school district travel to Juneau for lobbying purposes. Superman, Martin, Popp, Sprague, Moss, Merkes, Long, Navarre Fischer None 8 Yes, 1 No, 0 Absent Assembly President Navarre reported the Committee of the Whole discussed the borough s position on weapons of mass destruction with Jan Henry, Emergency Management Coordinator. The assembly also received an update from Rachel Navarre, KPB Environmental Compliance Coordinator, on the benzine situation near the Sterling Elementary School. A committee was established to investigate broadcast options of borough meetings. Assembly Member Sprague January 22, 2002 Vol. 42, Page 149
agreed to chair the committee and report back to the assembly by May 1, 2002. Assembly Member Martin and Bob Jones of the MIS Department would also serve on the committee. President Navarre reported on the joint work session held with the Central Kenai Peninsula Hospital Service Area Board and Central Peninsula General Hospital, Inc. regarding the lease and operating agreement for the hospital. REPORTS OF COMMISSIONS AND COUNCILS - None. MAYOR S REPORT (Tape 1, 830) 1. Agreements and Contracts 2. Other a. Approval of bid award to D & L Construction Company, Inc. for Clammer s Haven Right -of-way Project b. Approval of sole source contract with Peninsula Clarion for Publication of the 2002 Property Tax Foreclosure list a. Memo from Jan Henry, Emergency Management Coordinator, regarding Weapons of Mass Destruction meeting b. Quarterly Project Reports - December 2001 c. Investment Portfolio Report as of December 31, 2001 d. Budget Revision - December 2001 e. Revenue Expenditure Report - December 2001 PUBLIC HEARINGS ON ORDINANCES Ordinance 2001-48: Amending the Boundaries of the Kachemak Emergency Service Area to Include Property Located in the Miller s Landing Area between the City of Homer and Kachemak City (Martin) (Referred to Lands Committee) (Tape 1, 890) [Clerk s Note: There was a motion to enact on the floor from the January 8, 2002 meeting.] President Navarre called for public comment. The following people spoke in favor of Ordinance 2001-48: Pete Roberts, Mile 5.5 East End Road, Homer, AK Abigail Fuller, PO Box 2845, Homer, AK Vol. 42, Page 150 January 22, 2002
The following people spoke in opposition to Ordinance 2001-48: Patricia Cue, 3982 Mullikin Street, Homer, AK Rick Ladd, PO Box 3364, Homer, AK John Fenske, PO Box 2112, Homer, AK Ray Kranich, PO Box 715, Homer, AK There being no one else who wished to speak, President Navarre closed the public comment period. Assembly Member Martin spoke in favor of Ordinance 2001-48. Assembly Member Moss spoke in opposition to Ordinance 2001-48. VOTE ON MOTION TO ENACT: Yes: No: Absent: MOTION TO ENACT PASSED: Superman, Fischer, Martin, Merkes, Long Popp, Sprague, Moss, Navarre None 5 Yes, 4 No, 0 Absent NEW BUSINESS Resolution 2002-012: Requesting the State Legislature to Disapprove by Resolution the Boundary Change Proposed by the City of Homer and Recommended by the Local Boundary Commission (Mayor, Martin) (Referred to Legislative Committee) (Tape 1, 2000) [Clerk s Note: A teleconference site was established at the Homer Annex Building to receive public testimony on the above resolution.] MOTION: Long moved to adopt Resolution 2002-012. President Navarre called for public comment. The following people spoke in favor of Resolution 2002-012: Roy E. Hoyt, Jr., PO Box 2121, Homer, AK Vi Jerrel, PO Box 938, Homer, AK Paul Field, PO Box 1617, Homer, AK Leroy G. Krumm, 40625 Hancock Drive, Homer, AK Roberta Harris, PO Box 663, Homer, AK Mary Griswold, PO Box 1417, Homer, AK Michele Bournonville, PO Box 679, Homer, AK Patricia Brennan, 64966 Skyline Drive, Homer, AK Linda Rowe, 40785 Rucksack Drive, Homer, AK LaRene Rogers, PO Box 849, Homer, AK Paul Seaton, 58395 Bruce Street, Homer, AK January 22, 2002 Vol. 42, Page 151
Roberta Highland, PO Box 2460, Homer, AK Jim Reinhart, PO Box 834, Homer, AK Linda Reinhart, PO Box 834, Homer, AK Laura Barton, 66600 Diamond Ridge Road, Homer, AK Sallie Dodd-Butters, PO Box 1223, Homer, AK Wikima Butters, PO Box 1223, Homer, AK Margret Seelye, PO Box 962, Homer, AK Steve Seelye, PO Box 962, Homer, AK Joanne Gregory, 66600 Diamond Ridge Road, Homer, AK Gary Lyon, 61770 Skyline Drive, Homer, AK Billy Pepper, PO Box 882, Homer, AK Steven Stienecker, PO Box 1804, Homer, AK Dan Boone, PO Box 1783, Homer, AK Pete Roberts, PO Box 1134, Homer, AK Eileen Becker, PO Box 109, Homer, AK Terry Jones, PO Box 15165, Fritz Creek, AK Doris Cabana, PO Box 607, Homer, AK Abigail Fuller, PO Box 2845, Homer, AK Doug Ruzicka, PO Box 181, Anchor Point, AK The following people spoke in opposition to Resolution 2002-012: Patricia Cue, 3982 Mullikin Street, Homer, AK Rick Ladd, PO Box 3364, Homer, AK John Fenske, PO Box 2112, Homer, AK Ray Kranich, PO Box 715, Homer, AK Mike Yourkowski, 3059 Kachemak Drive, Homer, AK There being no one else who wished to speak, the public comment period was closed. (Tape 2, 2000) Mayor Bagley disagreed with the method used by the City of Homer to annex the proposed area. Assembly Member Martin spoke in favor of Resolution 2002-012 and asked for support from the assembly. Assembly Member Moss felt this was not an issue for the borough to address, but should remain an issue for the City of Homer. Assembly Member Long stressed that personal feelings and opinions should be set aside and encouraged the assembly to concentrate on the process of annexation itself. Assembly Member Superman said there were many dynamic issues associated with the annexation and felt the borough was obligated to address this process on behalf on its citizens. Assembly Member Merkes agreed with Mr. Superman s comments. Ms. Merkes inquired if the public process was followed during this annexation attempt. Vol. 42, Page 152 January 22, 2002
Assembly Member Fischer encouraged the assembly to adopt Resolution 2002-012, thereby sending a strong message to our legislators in Juneau. VOTE ON MOTION TO ADOPT: Yes: No: Absent: MOTION TO ADOPT FAILED: Superman, Fischer, Martin, Merkes Popp, Sprague, Moss, Navarre, Long None 4 Yes, 5 No, 0 Absent PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (Tape 2, 3500) John Fenske, PO Box 2112, Homer, AK, spoke on the history of annexations in Alaska and the contentious nature of the process itself. Assembly Member Merkes gave notice of reconsideration of Resolution 2002-012. (Tape 2, 3600) Pete Roberts, PO Box 1134, Homer, AK, asked for the borough s support of local citizen representation. Rick Ladd, PO Box 3364, Homer, AK, clarified an earlier statement that the City of Homer had not taken a position on the private prison issue, as the council felt it was to be addressed by the borough assembly and the voters. Abigail Fuller, PO Box 2845, Homer, AK, said an earlier statement by Assembly Member Moss was incorrect and all of the City of Homer s information regarding annexation was not available to the public. Doris Cabana, PO Box 607, Homer, AK, encouraged a favorable vote on the reconsideration of Resolution 2002-012. Mike Yourkowski, 3059 Kachemak Drive, Homer, AK, said the Homer City Council had listened to the same arguments heard tonight. Eileen Becker, PO Box 109, Homer, AK, felt perhaps the letter of the law was followed, but the intent of the law had been ignored. Terry Jones, PO Box 15165, Fritz Creek, AK, thanked the assembly members who voted in favor of Resolution 2002-012. Ms. Jones noted the only people who testified in favor of annexation were members of the Homer City Council. Patricia Cue, 3982 Mullikin Street, Homer, AK, said annexation had been a long, tiring process for the members of the Homer City Council. Ray Kranich, PO Box 715, Homer, AK, thanked the Assembly for failing to adopt Resolution 2002-012. January 22, 2002 Vol. 42, Page 153
Assembly Member Moss gave notice of reconsideration of Ordinance 2001-48. (Tape 3, 640) ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS Assembly Legislative Trip to Juneau January 29 - February 1, 2002 The next meeting of the Assembly was scheduled for February 5, 2002, at 7:00 p.m. in the Borough Assembly Chambers, Soldotna, Alaska. ASSEMBLY COMMENTS (Tape 3, 700) Assembly Member Martin thanked her fellow assembly members for listening to the public comments. Assembly Member Merkes thanked Mayor Bagley and Assembly Member Martin for sponsoring Resolution 2002-012. Assembly Member Superman was disheartened with the outcome of the meeting. Assembly Member Long clarified several discussion points on Resolution 2002-012. Mr. Long had attended recent meetings of the Economic Development District and the Cook Inlet Aquaculture Association. Assembly Member Long said the Polar Bear Jump Off had raised over $100,000. The City of Seward had just received Tsunami-Ready City status by the National Oceanic and Atmospheric Administration (NOAA). Assembly President Navarre wished a Happy Birthday to Beverley Dove of the Mayor s Office and Shane Horan, Director of Assessing. President Navarre noted there were tough decisions made at the meeting. Mr. Navarre reminded his fellow assembly members that there were always two sides to every story. ADJOURNMENT (Tape 3, 1100) With no further business to come before the assembly, President Navarre adjourned the meeting at 10:45 p.m. I certify the above represents an accurate summary of the assembly meeting of January 22, 2002. Linda S. Murphy, Borough Clerk Vol. 42, Page 154 January 22, 2002