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KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MINUTES SEPTEMBER 20, 1988; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER The regular meeting of the assembly was called to order at 7: 30 p.m. by Pres. Jonathan W. Sewall. I B. PLEDGE OF ALLEGIANCE C . INVOCATION i m The invocation was given by Rev. William White of the Kenai Church of God. D. ROLL CALL PRESENT: Assemblymembers Brown, Carey, Glick, Hodgins, Keene, McGahan, McLane, Moock, Mullen, Nash, O'Connell, Phillips, Sewall, Skogstad, Walli; Atty. Boedeker, Admn. Asst. Huss, Borough Clerk Brindley EXCUSED: Assemblymember Crawford E. VACANCY DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES The minutes of the regular meeting of September 6, 1988 were approved with a wording correction to Paragraph 6 of Page 4. G. COMMITTEE REPORTS r (a) Finance (Crawford, Carey, Glick, Keene, O'Connell, Moock, Nash) Mr. Carey reported the committee met and discussed agenda items. They supported adding Ord. 88-34 to the agenda and Res. 88-80. (b) Local AffairsILegislative (Skogstad, Glick, McGahan, Mullen, O'Connell, Phillips) Mr. Skogstad reported the committee met and discussed agenda items. (c) Public Works/Education (McLane, Brown, Hodgins, McGahan, Skogstad, Walli) Mr. McLane reported the Public Works Cmte. heard a report from the consultant engineer on the Sterling Special Waste Site closure. (d) Economic Development District (Hodgins) Mr. Hodgins reported the EDD has prepared Situations and Prospects and he would provide a copy to any member interested in receiving one. f H. MOTIONS TO RECONSIDER (none) I. AGENDA APPROVAL AND CONSENT AGENDA id Mr. McLane moved the addition of Res. 88-80 as Item L(a) to insure it is acted upon at this meeting due to impending freeze-up. Mrs. Phillips questioned the late arrival of the resolution, preventing its being published in the agenda, particularly in view of the amount of money being transferred. Mr. McLane stated the need for additional funds became apparent with the discovery of unexpected features of the pits that would be explained later by the consultant.
Transcript
  • KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MINUTES

    SEPTEMBER 20, 1988; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING

    SOLDOTNA, ALASKA

    A. CALL TO ORDER

    The regular meeting of the assembly was called to order at 7: 30 p.m. by Pres. Jonathan W. Sewall.

    I B. PLEDGE OF ALLEGIANCE

    C . INVOCATION i m

    The invocation was given by Rev. William White of the Kenai Church of God.

    D. ROLL CALL

    PRESENT: Assemblymembers Brown, Carey, Glick, Hodgins, Keene, McGahan, McLane, Moock, Mullen, Nash, O'Connell, Phillips, Sewall, Skogstad, Walli; Atty. Boedeker, Admn. Asst. Huss, Borough Clerk Brindley

    EXCUSED: Assemblymember Crawford

    E. VACANCY DESIGNATION OR SEATING OF ASSEMBLYMEMBERS

    F. APPROVAL OF MINUTES

    The minutes of the regular meeting of September 6, 1988 were approved with a wording correction to Paragraph 6 of Page 4.

    G. COMMITTEE REPORTS

    r (a) Finance (Crawford, Carey, Glick, Keene, O'Connell, Moock, Nash)

    Mr. Carey reported the committee met and discussed agenda items. They supported adding Ord. 88-34 to the agenda and Res. 88-80.

    (b) Local AffairsILegislative (Skogstad, Glick, McGahan, Mullen, O'Connell, Phillips)

    Mr. Skogstad reported the committee met and discussed agenda items.

    (c) Public Works/Education (McLane, Brown, Hodgins, McGahan, Skogstad, Walli)

    Mr. McLane reported the Public Works Cmte. heard a report from the consultant engineer on the Sterling Special Waste Site closure.

    (d) Economic Development District (Hodgins)

    Mr. Hodgins reported the EDD has prepared Situations and Prospects and he would provide a copy to any member interested in receiving one.

    f H. MOTIONS TO RECONSIDER (none)

    I. AGENDA APPROVAL AND CONSENT AGENDA id Mr. McLane moved the addition of Res. 88-80 as Item L(a) to insure it

    is acted upon at this meeting due to impending freeze-up. Mrs. Phillips questioned the late arrival of the resolution, preventing its being published in the agenda, particularly in view of the amount of money being transferred. Mr. McLane stated the need for additional funds became apparent with the discovery of unexpected features of the pits that would be explained later by the consultant.

  • KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING, SEPTEMBER 20, 1988

    Mrs. McGahan objected to the addition on the basis of lack of notification to the public. Mrs. Phillips asked if it was necessary that it be adopted at this meeting. Mr. Boedeker stated it was very critical because if present funding runs out before the project is complete, it would have be be discontinued before the next meeting (Oct. 11). Mrs. Phillips again objected to the item being laid on the desk at the meeting rather than having been included in the packet and did not wish to have it happen again.

    7 RES. 88-80 WAS ADDED TO THE AGENDA BY A VOTE OF 12 YES TO 3 NO: YES: Nash, Phillips, Keene, Walli, Mullen, Moock, Sewall, O'Connell,

    Skogstad, Hodgins, McLane, Brown - 1 NO: Glick, Carey, McGahan

    Mr. Skogstad requested Res. 88-78 be moved to follow Ord. 88-35 due to the interelation of the two items.

    Mr. Carey requested on behalf of the Finance Cmte. that Ord. 88-34 be added in proper numerical order. Pres. Sewall stated it would become Item K(a). There was no objection.

    Mr. McLane requested Res. 88-79 be placed on the Consent Agenda.

    Mr. Nash requested Ord. 88-39 and Ord. 88-40.be placed on the Consent Agenda for setting hearing on November 1, 1988.

    Mrs. Phillips noted the additional list from Bear Creek Fire S.A. to be added to the surplus property listing attached to Res. 88-79.

    Mr. Nash supported Mrs. Phillips1 request that administration make some effort to contact the Assembly and news media in advance when a critical item because of timing fails to make the packet deadline.

    Pres. Sewall offered public opportunity to speak on Consent Agenda 7 items and there were no comments. The Consent Agenda was approved without objection as follows: I

    - 1

    (a) Ord. 88-39 "Adopting a Community Use Plan for Kenai Peninsula Borough Lands in the Area of Sunrise" (Mayor) SET HEARING 11/1/88

    (b) Ord. 88-40 "Revising the Sales Tax Ordinance" (Sales Tax Cmte.) SET HEARING 11/1/88

    (c) Res. 88-79 "Authorizing the Sale of the Borough's Surplus Tangible Property" (Mayor) ADOPTION

    J. ORDINANCE HEARINGS

    (a) Ord. 88-30 "Accepting and Appropriating a Grant from the State of Alaska for the Kenai Peninsula Borough Coastal Management Program" (Mayor)

    ASSEMBLYMEMBER SKOGSTAD MOVED THE ENACTMENT OF ORD. 88-30.

    Mr. Carey reported the Finance Cmte. questioned the temporary aspect of the additional employee but were provided answers and supported enactment . 9 Mr. McLane reported Public Works/Education Cmte. had a unanimous do pass. b

    Mr. Skogstad reported Local Affairs Cmte. also had a unanimous vote for passage.

    Public hearing was opened and as no one wished to speak, was closed.

    ORD. 88-30 WAS ENACTED BY UNANIMOUS CONSENT.

  • KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING, SEPTEMBER 20, 1988

    (b) Ord. 88-31 "Accepting and Appropriating Grants from the State of Alaska for Implementation of a Hazard Mitigation Strategy for the Seward Area" (Mayor)

    ASSEMBLYMEMBER GLICK MOVED THE ENACTMENT OF ORD. 88-31.

    Mr. Carey reported Finance Cmte. voted to support passage. i

    Mr. Skogstad reported Local Affairs Cmte. had a unanimous do pass.

    Mr. McLane reported Public Works/Education also had a unanimous vote \.I of support.

    Pres. Sewall passed the gavel to Mr. Carey in order to comment that upon his return to the state this date, the City of Seward contacted him with concerns regarding some problems that exist. He felt since the workshop had been postponed until Spring there would be no impact from the delay of the ordinance.

    ASSEMBLYMEMBER SEWALL MOVED TO POSTPONE ORD. 88-31 UNTIL THE NEXT MEETING AND REFER TO THE LOCAL AFFAIRS CMTE.

    Mr. Sewall believed this would allow time for discussions between the City of Seward, the Borough administration and Mr. Fenner regarding issues that may be communication problems.

    Mr. Skogstad reported in his conversations with the City, he felt the . concern was not with the ordinance but with a report that was done on

    contract through the Planning Dept. regarding the flooding of 1986.

    Mr. Fenner stated he had spoken with the Seward Mayor that day and he agreed the problem was with the report, not the mitigation

    f strategy. He had no argument with postponement but stated city administration had been given a copy of the proposal and were aware the ordinance was on this agenda.

    ' d

    MR. SEWALL WITHDREW HIS MOTION TO POSTPONE.

    The gavel was returned to Pres. Sewall.

    ORDINANCE 88-31 WAS ENACTED BY UNANIMOUS CONSENT.

    (c) Ord. 88-33 "Appropriating Funds for the Waste Disposal Commission Established by Ordinance 88-27 (Revised)" (Nash)

    ASSEMBLYMEMBER NASH MOVED THE ENACTMENT OF ORD. 88-33, AND THEN TO TABLE IT UNTIL THE TASK FORCE BRINGS ORD. 88-27 BACK FOR FINAL ACTION.

    Mr. Skogstad reported Local Affairs Cmte. recommended postponement until December 1.

    Mr. McLane reported Public Works Cmte. agreed with postponement to coincide with Ord. 88-27.

    f Mr. Carey reported Finance Cmte. also voted postponement.

    Public hearing was opened. ', d

    Mary Sisson, Soldotna, asked that Ord. 88-33 be postponed until the referenced Ord. 88-27 was also available.

    There being no other comment, hearing was closed.

    ORD. 88-33 WAS TABLED BY UNANIMOUS CONSENT.

  • KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING, SEPTEMBER 20, 1988

    (d) Ord. 88-35 "Amending the Borough Code of Ordi- nances by Adding a New Chapter, Forest and Timber Resources" (Local Affairs Cmte.)

    Ord. 88-35(SBST) "Repealing KPB 17.60 Forest and Timber Resources and Reenacting as 17.50 Forest Management" (Local Affairs Cmte.)

    ASSEMBLYMEMBER SKOGSTAD MOVED TO ENACT ORD. 88-35. 3

    Mr. Skogstad reported Local Affairs Cmte. has discussed the ordinance at length. He stated the only difference between the original and -) the substitute was in the organization of them. He wished to make a couple of amendments to the accompanying resolution at the proper time . Public hearing was opened.

    Duane Anderson, Kenai, stated the ordinance should be enacted although it was not perfect it could be amended as necessary. He believed it was necessary to enable timber resources to be harvested. He urged the assembly not to waste this resource. He noted there are parts of the forest that are fire prone. He objected to section 17.50.030, the personal use concept, as counter to sound forest management. He stated it produces an atmosphere similar to a fire sale and results in ruined land. Speaking from the perspective of a timber processing person, he stated they depend on sales of volume which are available from the state forest lands. It was not a selfish motive to urge personal use be eliminated; he believed ready cut firewood was economical to purchase from the permit holders. He stated a person intent on cutting his own could take from permissive neighbors who's property is overgrown with species other than spruce, which is what would be commercially harvested.

    7 Public hearing was closed.

    ASSEMBLYMEMBER SKOGSTAD MOVED TO AMEND TO ORD. 88-35(SBST) AND TO - 1 FURTHER AMEND THE SUBSTITUTE BY CHANGING 17.50.040 (A) , "2 weeks" TO "30 days" AND TO ADD 17.50.035 "Forest Management Sale Report (A) Prior to disposal of forest resources the Planning Commission shall adopt a Forest Management Sale Report. The Forest Management Sale Report shall set terms and conditions for the sale as set forth in KPB 17.50.040 and such additional terms as may be set by the Planning Commission Pursuant to this Chapter. (B) The action of the Planning Commission in adopting the Forest Management Sale Report is appeal- able to the Assembly. An appeal suspends the effect of the Planning Commission action for 30 days. The Assembly shall hear the appeal within 30 days and approve, reject or modify the Forest Management Sale Report. If the appeal is not heard within 30 days, the action of the Planning Commission shall be deemed upheld and the appeal considered as denied."

    Mrs. Phillips wished to make sure notification was published in the areas of the Borough most effected by the sales. Mr. Skogstad believed that would be taken care of in an amendment proposed for the accompanying resolution.

    Mr. Hodgins asked if areas of harvest would be clearly marked so that 7 timber would not be accidentally taken from adjoining property. Mr. Skogstad that provision was in the resolution.

    'rt'

    Pres. Sewall passed the gavel to Vice Pres. Carey in order to address the problems that can arise with personal use. He did not believe it was necessarily unmanaged use. He had participated in such a program in Vermont where it was managed correctly.

    The gavel was returned to Pres. Sewall.

  • KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING, SEPTEMBER 20, 1988

    Mrs. McGahan stated a prior situation of poor handling of personal cutting had prompted this ordinance. It was their intent to have it available, but properly managed, as the State of Alaska also provides for.

    Mr. Nash asked when the Forest Management Sale Report would be prepared. Mr. Skogstad stated the resolution sets out the guidelines for preparation of the sale report which would then be taken to a

    f public meeting in the locale of the sale and a report would be prepared for Planning Commission approval.

    \ # Mr. Nash asked if a determination had been made of approximate cost of site investigation and other procedures. Mr. Skogstad stated the proposed sales listed in the resolution are programs the Borough will be taking over from the State when title to the lands are received. He acknowledged there would be costs involved in avoiding problems encountered in the past by adjoining property owners. Fees from commercial sales will partially offset the cost.

    THE SKOGSTAD AMENDMENT WAS APPROVED BY UNANIMOUS CONSENT.

    Mr. Nash urged defeat of the ordinance due to the fact that major portions of the program would be set out in a resolution rather than a codified ordinance which would be available to all the communities through the Borough Code. He believed the present code could be slightly modified to provide all the advantages of the new ordinance with resolution being proposed. Most of the provisions are the same as the existing code except with it, tax foreclosed lands were specifically excluded since after one year they are redeemable by the former owner. If in the meantime the value has been reduced by a timber sale, the owner would have to be compensated. Another omission in new ordinance is "use areas" that would set aside for specific uses certain areas where a trend could be seen, for instance

    ! where there was heavy beetle kill. He questioned other changes or procedures that were transferred to the resolution such as notifica-

    Le tion of plan, age of permit applicant, borough business license, and previous permit violators.

    Mrs. McGahan stated her understanding was that the existing ordinance was not administrable and staff had contributed to the revised ordinance. She felt the reference in the ordinance to the Forest Management Plan would advise an interested party to go to the Planning Dept. for the plan and application. She reported the committee had spent much time on this ordinance and held hearings in Cooper Landing for public input.

    Mr. Skogstad stated that although the existing ordinances sets out a general framework for timber sales, the resolution to accompany 88-35(Sbst) would flesh out the regulations. They had been advised by staff that provisions were lacking to put together a timber sale.

    Mr. Carey asked Atty. Boedeker if this ordinance was defeated it would mean there could be no timber sales this winter. Atty. Boedeker sta'ted the forest management plan in the resolution could be adopted under the existing ordinance to provide for a sale. He also stated the prohibition against using tax foreclosed lands was not necessary as the Borough is under legal restraints against doing so

    P anyway although it could serve as a reminder.

    Mr. Nash stated he would like to see Ord. 88-35 defeated, Section 1 of Res. 88-78 deleted which takes it out of the code, and have the remainder adopted which is the forest management plan that has been needed for four years.

    ORD. 88-35(SBST) WAS ENACTED AS AMENDED BY A VOTE OF 11 YES, 4 NO:

    YES: Phillips, Walli, Mullen, Glick, Sewall, McGahan, OgConnell, Skogstad, Hodgins, McLane, Brown

    NO: Nash, Keene, Moock, Carey

  • - KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING. SEPTEMBER 20. 1988

    (b) Res. 88-78 "Adopting the Kenai Peninsula Borough Forest Resource Management Plan" (Local Affairs)

    ASSEMBLYMEMBER SKOGSTAD MOVED THE ADOPTION OF RES. 88-78 AS RECOMMENDED BY THE LOCAL AFFAIRS CMTE.

    Mr. Carey reported Finance Cmte. discussed but had no recommendation on this resolution.

    ASSEMBLYMEMBER SKOGSTAD MOVED TO AMEND PAGE 6, SECOND PARAGRAPH UNDER 7 "FISH, WILDLIFE, AND HABITAT POLICIES" TO REPLACE "~hould'~ WITH "shall" IN THE FIRST LINE, IN THE LIST WHICH FOLLOWS THE PARAGRAPH, - I CAPITALIZE "C" IN #1, CHANGE "set" TO "establish" IN /,2, IN f 4 DELETE "and" AFTER "location" INSERT A COMMA AFTER "types" REPLACE "reduce" WITH "prevent unnecessary" IN THE FOLLOWING PA~GRAPH CHANGE "3 0 days" TO "60 days" AND DEL~TE THE LAST PARAGRAPH OF "FOREST MANAGE- MENT SALE REPORT GUIDELINES", INSERTING THE FOLLOWING: "The Planning Department shall send the Forest Management Sale Report (FMSR) to interested agencies and adjacent property owners and make the FMSR available to the public, interested bidders, and others as request- ed. The Planning Department shall hold local public meetings in the areas of proposed timber disposals upon distribution of the FMSR.

    Mrs. Phillips asked if it would be December before a timber sale could be expected.

    ASSEMBLYMEMBER PHILLIPS MOVED TO AMEND TO EXEMPT THE FIRST 10 AREAS LISTED FOR TIMBER DISPOSAL IN SECTION 3 FROM THE 6 0 DAY NOTICE OF SALE.

    Mr. Nash stated these are problems he had alluded to earlier, stating it would have to get on the Planning Commission's agenda in October in order to have a sale this year.

    7 Mr. Fenner reported most of the sales identified in Section 3 have already been issued prior to the Borough receiving patent to the - I land. The others (9 and 12) will follow the forest management sale report procedure and these sales will occur in December or January. He stated Planning is working with the Division of Forestry on the timber sales at this time which will include some personal use.

    ASSEMBLYMEMBER PHILLIPS WITHDREW HER AMENDMENT.

    Mrs. Phillips stated her intent was to get firewood for users this winter but it seemed with the schedule stated it was a moot point.

    Mrs. McGahan stated her understanding that a representative from Division of Forestry told the committee most of the work for the sale near Troublesome Creek (#12) was done and could be prepared quickly. She asked what happened to the timber from Nikiski Escape Road Phase I and Mr. Mohorcich replied it went to personal use through terms of the clearing contract.

    Mr. Nash commented on the expected need for additional staff and funding if the ordinance was adopted. He pointed out other similarities and differences in the wording of the resolution and the exis ring ordinance.

    7 ASSEMBLYMEMBER MOOCK MOVED TO AMEND PARAGRAPH E ON PAGE 2 BY STRIKING I I one year" AND INSERTING "12 months" INSTEAD AND AMENDING THE LAST SENTENCE TO READ "The Borough may grant and extension of time with b the concurrence of the Planning Commission."

    Pres. Sewall passed the gavel in order to speak against the second half of the amendment, believing one year for personal use permits was the outside length of time a piece of land should be tied up.

    Atty. Boedeker stated his concern with the amendment, noting the language does not address under what circumstances the extension would be granted or set criteria, or supply a time frame for applying for the extension.

  • KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING, SEPTEMBER 20, 1988

    ASSEMBLYMEMBER MOOCK WITHDREW THE SECOND PORTION OF THE AMENDMENT (second sentence of Paragraph E).

    Mr. McLane believed the amendment unnecessary as it does not state a calendar year and could be interpreted as a season.

    THE MOOCK AMENDMENT FAILED BY A VOTE OF 8 YES 7 NO:

    r YES: Keene, Moock, Glick, Carey, McGahan, Skogstad, Hodgins, Brown NO: Nash, Phillips, Walli, Mullen, Sewall, O'Connell, McLane

    6. d ASSEMBLYMEMBER MOOCK MOVED TO AMEND PARAGRAPH E ON PAGE 3 BY STRIKING THE SECOND SENTENCE.

    Mrs. Moock stated her problem with waiving fees for non-profit organizations. Mrs. McGahan reported knowledge of youth groups that have made money for their organizations by cutting firewood.

    THE SECOND MOOCK AMENDMENT FAILED BY A VOTE OF 4 YES TO 11 NO:

    YES: Moock, Glick, Carey, Skogstad NO: Nash, Phillips, Keene, Walli, Mullen, Sewall, McGahan,

    O'Connell, Hodgins, McLane, Brown

    ASSEMBLYMEMBER MOOCK MOVED TO AMEND PARAGRAPH D ON PAGE 4 BY STRIKING THE SECOND SENTENCE. MOTION FAILED BY A VOTE OF 5 YES TO 10 NO:

    YES: Moock, Glick, Carey, Sewall, Brown NO: Nash, Phillips, Keene, Walli, Mullen, McGahan, O'Connell,

    Skogstad, Hodgins, McLane

    **Mr. Brown was excused from the meeting.

    r ASSEMBLYMEMBER MOOCK MOVED TO AMEND PAGE 5, FIRST SENTENCE BY REPLACING "recommendations" WITH "policies". MOTION WAS DEFEATED BY

    7 w A VOTE OF 6 YES TO 8 NO:

    YES: Nash, Phillips, Keene, Walli, Moock, McGahan NO: Mullen, Glick, Carey, Sewall, O'Connell, Skogstad, Hodgins,

    McLane

    ASSEMBLYMEMBER McGAHAN MOVED TO AMEND PARAGRAPH D ON PAGE 4 BY * CHANGING "shall" TO "may" IN THE LAST SENTENCE AND IT WAS APPROVED BY A VOTE OF 10 YES TO 4 NO:

    YES: Nash, Phillips, Mullen, Glick, Carey, Swall, McGahan, O'Connell, Skogstad, McLane

    NO: Keene, Walli, Moock, Hodgins

    RES. 88-78 WAS ADOPTED AS AMENDED BY A VOTE OF 9 YES TO 5 NO:

    YES: Phillips, Walli, Mullen, Sewall, McGahan, O'Connell, Skogstad, Hodgins, McLane

    NO: Nash, Keene, Moock, Glick, Carey

    K. INTRODUCTION OF ORDINANCES

    (a) Ord. 88-34 "Amending the Kenai Peninsula Borough . Property Tax Code" (Glick)

    1 - ASSEMBLYMEMBER GLICK MOVED TO SET ORD. 88-34 FOR HEARING ON NOVEMBER 15, 1988.

    Mrs. Glick stated the ordinance was requested when Title 29 was revised, in order to bring the Code in line with State Statutes. In committee some increases in interest rates were questioned. She stated the ordinance was written with the maximum rates allowed in the Title revision but it does not mean they cannot be changed if the Assembly so desires. At present, Anchorage charges the maximum, Juneau is at 10 and lo%, Mat Su Borough would probably follow suit with this ordinance and Fairbanks is in the process of revising also.

  • KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING. SEPTEMBER 20. 1988

    Mr. Carey reported Finance Cmte. discussed the ordinance and recommended it be set for hearing and referred to Finance Cmte.

    Mr. Skogstad reported Local Affairs Cmte. recommended it be held in committee until clarification on the interest rates and other questions which Ms. Schmidt (author) could answer on her return.

    Mrs. McGahan and Mr. O'Connell spoke against setting for hearing with the maximum interest rates allowed set in it. They believed it 7 should first go to committee for modification before setting for hearing. - 1 Mr. Nash believed the ordinance would make clear the Borough is not a lending institution and those who choose not to pay taxes place a greater burden on who do. The changes would not effect people who are paying their taxes in a timely manner.

    Mr. Keene stated people who have seasonal work away from home some- times miss the August 15 deadline and to penalize them 20% would be severe. Perhaps it could be modified to apply to a delinquency of more than 30 or 60 days.

    Mrs. McGahan did not believe it was fair to assume all delinquencies were a matter of choice on the part of the taxpayer.

    ORD. 88-34 WAS SET FOR HEARING BY A VOTE OF 10 YES TO 4 NO:

    YES: Nash, Keene, Walli, Moock, Glick, Carey, Sewall, Skogstad, Hodgins, McLane

    NO: Phillips, Mullen, McGahan, O'Connell

    (c) Ord. 88-41 "Appropriating $40,000 to the Plan- ning Department for Feasibility Studies of Port ~acilities in the Port Graham Area" (Crawford)

    ASSEMBLYMEMBER GLICK MOVED TO SET ORD. 88-41 FOR HEARING ON NOVEMBER - 1, 1988.

    Mrs. McGahan recalled numerous times some means of obtaining funds for the Ninilchik Boat Harbor had been sought as it is heavily used by the Cook Inlet commercial fishing fleet but without much success. She believed Port Graham with viable village status should be able to obtain funding without the Borough's sponsorship. She also did not feel a Port Graham port, if built, would have universal use, due to its location.

    Mr. Keene stated as a commercial fisherman in the Southern District he had sometimes found quiet water in the Port Graham area when bad weather arose during his trips south and he felt such a port would be of value.

    ORD. 88-41 WAS SET FOR HEARING BY A VOTE OF 12 YES, 1 (McGahan) VOTING NO.

    **Mr. O'Connell left the meeting prior to the vote.

    L. CONSIDERATION OF RESOLUTIONS

    (a) Res. 88-80 "Transferring $120,000 from Various Landfill Capital Fund Accounts to the Sterling Special Waste Site Account for Closure of Sterling Special Waste Site in a Timely Manner'' (Mayor)

    ASSEMBLYMEMBER HODGINS MOVED THE ADOPTION OF RES. 88-80.

    Mr. Carey reported the Finance Cmte. approved passage of the resolution.

  • KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING. SEPTEMBER 20. 1988

    Mr. McLane reported Public Works Cmte. also approved the resolution and urged adoption in order to insure completion of the project before winter.

    Ron Rice, of Rice Whitford & Associates, engineering consultant for the project , provided a detailed description of the unexpected problems encountered in the process of solidifying the contents of the waste site pits. He reported a shortage of money to complete the project resulted from the recent discovery that the first wastes

    f deposited in the pits were covered with clean soil and then the pits were filled, creating the illusion that the pits were not as deep as they turned out to be. He wanted to be able to complete the project

    1- prior to freezeup, which might occur after money had run out but before the next Assembly meeting on October 11.

    RES. 88-80 WAS ADOPTED BY UNANIMOUS CONSENT.

    **MR. NASH GAVE NOTICE OF RECONSIDERATION AT THE NEXT MEETING OF ORD. 88-35(SBST) AND RES. 88-78.

    (b) Res. 88-73 "Authorizing a Borough Forest Man- agement Agreement Between the State of Alaska, Division of Forestry and the Kenai Peninsula Borough for Assistance in the Disposal of Sale of Forest Products from Borough Lands" (Mayor)

    ASSEMBLYMEMBER SKOGSTAD MOVED THE ADOPTION OF RES. 88-73.

    Mr. Skogstad reported the Local Affairs Cmte. recommended passage of the resolution.

    Mr. Carey reported the Finance Cmte. had no objection to the resolution.

    f RES. 88-73 WAS ADOPTED BY UNANIMOUS VOTE.

    >e M. PENDING LEGISLATION

    (This item lists legislation which will be addressed at a later time as noted)

    (a) Ord. 88-27(Revised) (Nash) REF. TO P.C./ASSM. TASK FORCE

    (b) Ord. 88-36 (Mayor)

    (c) Ord. 88-37 (Mayor, Req. CPGHSA Board)

    (d) Ord. 88-38 (Mayor)

    (e) Res. 88-66 (Brown, Carey, Glick, Hodgins, McGahan) TABLED 7/19/88

    (f) Res. 88-74 (Mullen) POSTPONED TO 10/11

    N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA

    r 0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS

    Mr. Duane Anderson addressed the problem of homeless minors in I- Anchorage who he felt were "throwaways" rather than runaways. He

    stated his desire to provide a place where such young people could be cared for and rehabilitated. He hoped the Borough would want to become involved in the project.

    P. MAYOR'S REPORT

    In the absence of Mayor Gilman, Admn. Asst. Marla Huss reported on recent community meetings to gather information for the 5 Year Capital Projects List. Q. OTHER BUSINESS

  • KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING, SEPTEMBER 20, 1988

    (a) Approval of Election Boards for the Regular 1988 Borough Election

    ASSEMBLYMEMBER PHILLIPS MOVED THE APPROVAL OF THE ELECTION BOARDS AS LISTED FOR THE REGULAR BOROUGH ELECTION.

    Mrs. McGahan stated she would need to abstain since her name was on the list of election board members.

    -7 THE BOARD LIST WAS APPROVED BY A VOTE OF 14 YES, 1 (McGahan) ABSTAINING.

    R. ASSEMBLY AND MAYOR'S COMMENTS hJ

    Mrs. Walli stated that due to medical reasons and the need for her husband to complete a pilot's course "outside", she would need an excused absence until the second meeting in January.

    S. INFORMATIONAL MATERIALS AND REPORTS

    (a) Revenue and Expenditure Report

    T. NOTICE OF NEXT MEETING AND ADJOURNMENT

    Pres. Sewall announced the next regular meeting of the Assembly would be on October 11, 1988. This meeting was adjourned at 12:35 a.m.

    Date approved

    cough Clerk J


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