KENAI PENINSULA BOROUGH

Assembly Meeting Packet

September 17, 2013 6:00 P.M.

Council Chambers Homer City Hall, 491 E. Pioneer Street, Homer September 2013 Monthly Planner Sunday Monday Tu e s d a y Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 Borough Holiday: 6:00 PM 6:00 PM Cooper 5:00 PM Labor Day Assembly Landing APC Seldovia Meeting Recreational SA

6:30 PM Anchor Point APC 7:00 PM Hope/Sunrise APC

8 9 10 11 12 13 14 5:30 PM Central 5:30 PM Nikiski 7:30 PM Nikiski 6:30 PM South Pen Hosp SA Senior SA FSA Pen Hospital SA

5:30 PM KPB 7:30 PM Bear 7:00 PM KESA Plat Committee Creek FSA & 7:30 PM KPB Planning 7:00 PM Road Commission SA (Homer)

15 16 17 18 19 20 21 7:00 PM SBCF 6:00 PM 6:30 PM Anchor 6:00 PM CES SA Assembly Point FSA Meeting (Homer)

Absentee VoƟng - Borough ElecƟon 22 23 24 25 26 27 28 5:30 PM KPB Plat Committee & 7:30 PM KPB Planning Commission

Absentee VoƟng - Borough ElecƟon

29 30 Aug 2013 Oct 2013 SMTWTFS SMTWTFS 123 12345 45678910 6 7 8 9 10 11 12 11 12 13 14 15 16 17 13 14 15 16 17 18 19 18 19 20 21 22 23 24 20 21 22 23 24 25 26 25 26 27 28 29 30 31 27 28 29 30 31

Absentee VoƟng - Borough ElecƟon

AFHP = Anadromous Fish Habitat Protection; APC = Advisory Planning Commission; FSA = Fire Service Area; SA = Service Area October 2013 Monthly Planner Sunday Monday Tu e s d a y Wednesday Thursday Friday Saturday

Sep 2013 1 2 3 4 5 SMTWTFS BOROUGH 6:00 PM Cooper 7:00 PM 5:00 PM ELECTION Landing APC Hope/Sunrise Seldovia 1234567 APC Recreational SA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 7:00 PM Moose Pass APC 22 23 24 25 26 27 28 29 30

6 7 8 9 10 11 12 7:00 PM SBCF 5:30 PM Nikiski 7:30 PM Nikiski 6:30 PM South SA Senior SA FSA Pen Hospital SA 6:00 PM Assembly 7:00 PM KESA Meeting

6:30 PM Anchor Point APC

7:30 PM Bear Creek FSA 13 14 15 16 17 18 19 5:30 PM Central 7:00 PM Road 6:30 PM Anchor 6:00 PM CES Pen Hosp SA SA Point FSA

5:30 PM KPB Plat Committee & 7:30 PM KPB Planning Commission

20 21 22 23 24 25 26 7:00 PM SBCF 6:00 PM SA Assembly Meeting

27 28 29 30 31 Nov 2013 5:30 PM KPB SMTWTFS Plat Committee & 7:30 PM KPB 12 Planning 3456789 Commission 10 11 12 13 14 15 16 17 18 19 20 21 22 23 7:00 PM North Pen.Rec.SA 24 25 26 27 28 29 30

AFHP = Anadromous Fish Habitat Protection; APC = Advisory Planning Commission; FSA = Fire Service Area; SA = Service Area September 2013 - December 2013 Assembly Yearly Planner

Sep 2013 SEPTEMBER Mar 2014 SMTWTF S SMTWTF S 1 2 34567 2 Borough Holiday: Labor 1 8 9 10 11 12 13 14 Day 2345678 15 16 17 18 19 20 21 9 101112131415 22 23 24 25 26 27 28 3 Assembly Meeting 16 17 18 19 20 21 22 29 30 23 24 25 26 27 28 29 17 Assembly Meeting 30 31 (Homer) Oct 2013 Apr 2014 SMTWTF S OCTOBER SMTWTF S 12345 8 Assembly Meeting 12345 678 9 10 11 12 6 7 8 9 10 11 12 13 14 15 16 17 18 19 22 Assembly Meeting 13 14 15 16 17 18 19 20 21 22 23 24 25 26 20 21 22 23 24 25 26 27 28 29 30 31 NOVEMBER 27 28 29 30 5 Assembly Meeting

Nov 2013 11 Borough Holiday: May 2014 SMTWTF S Veterans Day SMTWTFS 12 123 3456789 18 11/18-11/22 AML Annual 45678910 10 11 12 13 14 15 16 Conf. (Anch.) 11 12 13 14 15 16 17 17 18 19 20 21 22 23 18 19 20 21 22 23 24 24 25 26 27 28 29 30 28 Borough Holiday: 25 26 27 28 29 30 31 Thanksgiving 29 Dec 2013 Borough Holiday: Jun 2014 SMTWTF S Thanksgiving SMTWTF S 1234567 1234567 8 9 10 11 12 13 14 DECEMBER 8 9 10 11 12 13 14 15 16 17 18 19 20 21 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Assembly Meeting 22 23 24 25 26 27 28 29 30 31 29 30 24 Borough Holiday: Christmas Eve

Jan 2014 25 Borough Holiday: Jul 2014 SMTWTF S Christmas SMTWTF S 1234 12345 567891011 6 7 8 9 10 11 12 12 13 14 15 16 17 18 13 14 15 16 17 18 19 19 20 21 22 23 24 25 20 21 22 23 24 25 26 26 27 28 29 30 31 27 28 29 30 31

Feb 2014 Aug 2014 SMTWTF S SMTWTF S 1 12 2345678 3456789 9 101112131415 10 11 12 13 14 15 16 16 17 18 19 20 21 22 17 18 19 20 21 22 23 23 24 25 26 27 28 24 25 26 27 28 29 30 31

Printed by Calendar Creator for Windows on 8/23/2013 Kenai Peninsula Borough Assembly Assembly Meeting Schedule

TUESDAY, SEPTEMBER 17,2013

3:00 PM Finance Committee

3:15 PM Lands Committee

3:30 PM Policies and Procedures Committee

4:00 PM Legislative Committee

6:00 PM Regular Assembly Meeting

Above listed meetings will be held in:

Council Chambers Homer City Hall 491 E. Pioneer Avenue, Homer, AK 99603

Kenai Peninsula Borough Assembly Meeting Schedule Kenai Peninsula Borough Assembly Finance Committee

Council Chambers September 17,2013 3:00PM Homer City Hall Homer

Charlie Pierce, Chair Bill Smith, Vice Chair Kelly Wolf

AGENDA

M. PUBLIC HEARINGS ON ORDINANCES

1. Ordinance 2013-19-16: Accepting and Appropriating $23,693 from the State of Alaska Department of Military and Veterans Affairs, Division of Homeland Security and Emergency Management to Support the Activities of the Kenai Peninsula Borough Local Emergency Planning Committee (Mayor) ...... 31

2. Ordinance 2013-19-17: Appropriating $125,000 Received from the City of Kenai for the Kenai Central High School Track and Field Project (Mayor) ...... 36

*Consent Agenda Items

Kenai Peninsula Borough Assembly Page 1 of 1 FINANCE COMMITTEE Kenai Peninsula Borough Assembly Lands Committee

Council Chambers September 6, 2013 3:15PM Homer City Hall Homer

Ray Tauriainen, Chair Sue McClure, Vice Chair Brent Johnson

AGENDA

0. NEW BUSINESS

2. Other

*d. Petition to vacate a portion of Jobber Street (formerly Banta Street changed by PC Resolution No. 2010-10) a 66-foot right-of-way easement. The 33-foot right-of-way along the west boundary of Government Lot 56 and the 33-foot right-of-way along the east boundary of Government Lots 57 and 58 and vacate any associated utility easement; within Section 23, Township 6 North, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; said Government Lots shown on BLM Dependent Resurvey of Sections 14 and 23, Township 6 North, Range 12 West, Seward Meridian and accepted July 8, 1954; Location: On Jobber Street in Kenai; KPB File 2013-123 ...... 105

[Clerk's Note: The Planning Commission approved the referenced vacation by unanimous consent during its regularly scheduled meeting of August 26, 2013.}

e. Petition to vacate the 33-feet of the 83-foot section line easement that lies adjacent and underlies the above proposed right-of-way vacation along the south boundary of Lot 1 of Clearwater Subdivision amended (Plat KN 92-4 7), located within Section 28, Township 5 North, Range 9 West, Seward Meridian Alaska and within the Kenai Peninsula Borough. KPB File 2013-125 & 2013- 126 [Note: The remaining 50-feet of the 83-foot section line easement will allow for public access to the river.] Location: On Wharf Avenue in Funny River Road Area ...... 122

[Clerk's Note: The Planning Commission approved the referenced vacation by majority consent during its regularly scheduled meeting of August 26, 2013.}

*Consent Agenda Items

Kenai Peninsula Borough Assembly Page 1 of 1 LANDS COMMITTEE Kenai Peninsula Borough Assembly Policies and Procedures Committee

Council Chambers September 17, 20 13 3:30PM Homer City Hall Homer

Mako Haggerty, Chair Brent Johnson, Vice Chair Hal Smalley

AGENDA

K. MAYOR'S REPORT ...... 7

1. Assembly Requests/Responses -None.

2. Agreements and Contracts

a. Authorizing Award of Contract for Woods Drive Paving RIAD #WDSDR to Alaska Roadbuilders, Inc ...... 8

3. Other

a. Project Reports- June 30, 2013 ...... 10

b. Certification of the 2013 Personal Property Supplemental Assessment Roll ...... 26

c. River Center Newsletter, Fall2013 ...... 27

M. PUBLIC HEARINGS ON ORDINANCES

3. Ordinance 2013-30: Authorizing the Assessor to Accept the Late-Filed Senior Exemption Application of Leona Broker for 2012, Filed after March 31 (Mayor) ...... 40

4. Ordinance 2013-31: Authorizing the Mayor to Execute a Sublease and Operating Agreement with South Peninsula Hospital, Inc. for South Peninsula Hospital and Other Medical Facilities (Mayor) ...... 46

Kenai Peninsula Borough Assembly Page 1 of2 POLICIES AND PROCEDURES COMMITTEE 0. NEW BUSINESS

1. Resolutions

*a. Resolution 2013-065: Authorizing a New Classified Position to Replace a Temporary Clerk Position Which Has Been Filled for At Least 18 Months for the Anchor Point Fire and Emergency Medical Service Area (Mayor) ...... 82

2. Other

*a. Approval of the Precinct Boards, Canvass Board, Review Boards and Absentee Voting Officials for the October 1, 2013 Regular Election ...... 90

*b. Confirming Appointments to KPB Advisory Planning Commissions ...... 94

Hope/Sunrise Advisory Planning Commission

J onny Gatenbein SeatD Term Expires September 30, 2016

Moose Pass Advisory Planning Commission

Michael Cooney SeatF Term Expires September 30, 2016

Cooper Landing Advisory Planning Commission

Janette Cadieux Seat A Term Expires September 30, 2016 Carrie Williams SeatB Term Expires September 30, 2016

Anchor Point Advisory Planning Commission

Raymond Drake SeatE Term Expires September 30, 2016

*c. Confirming an Appointment to KPB Road Service Area Board ...... 1 02

Sam McLane At-Large Seat Term Expires September 30,2016

*Consent Agenda Items

Kenai Peninsula Borough Assembly Page 2 of2 POLICIES AND PROCEDURES COMMITTEE Kenai Peninsula Borough Assembly Legislative Committee

Council Chambers September 17, 20 13 4:00PM Homer City Hall Homer

Kelly Wolf, Chair Hal Smalley, Vice Chair All Assembly Members

AGENDA

0. NEW BUSINESS

1. Resolutions

*b. Resolution 2013-066: Requesting the Governor and Legislature Develop a Long-Term Solution to Ensure Full and Uninterrupted Ferry Service to Seldovia (Haggerty) ...... 85

*Consent Agenda Items

Kenai Peninsula Borough Assembly Page 1 of 1 LEGISLATIVE COMMITTEE Kenai Peninsula Borough Assembly Agenda

September 17,2013 -6:00PM Regular Meeting City Council Chambers, Homer, Alaska

A. CALL TO ORDER

Linda Murphy B. PLEDGE OF ALLEGIANCE Assembly President Seat 4 - Soldotna Term Expires 2013 c. INVOCATION

Hal Smalley D. ROLLCALL Assembly Vice President Seat 2 - Kenai Term Expires 2014 E. COMMITTEE REPORTS

Mako Haggerty F. APPROVAL OF AGENDA AND CONSENT AGENDA Assembly Member (All items listed with an asterisk (*) are considered to be routine and non-controversial by Seat 9 - South Peninsula the Assembly and will be approved by one motion. There will be no separate discussion Term Expires 2015 of these items unless an Assembly Member so requests, in which case the item will be Brent Johnson removed from the Consent Agenda and considered in its normal sequence on the agenda.) Assembly Member Seat 7 - Central G. APPROVAL OF MINUTES Term Expires 2013

Sue McClure *1. September 3, 2013 Regular Assembly Meeting Minutes ...... I Assembly Member Seat 6- East Peninsula H. COMMENDING RESOLUTIONS AND PROCLAMATIONS Term Expires 2015

Charlie Pierce I. PRESENTATIONS WITH PRIOR NOTICE (20 minutes total) Assembly Member Seat 5-Sterling/Funny 1. South Peninsula Hospital Quarterly Report (10 Minutes) River Term Expires 2014 2. Alaska Municipal League Transportation Committee Chair Bill Smith Tim Dillon, "Statewide Transportation Needs" (10 Minutes) Assembly Member Seat 8- Homer J. PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE Term Expires 2014 AGENDA (3 minutes per speaker; 20 minutes aggregate) Ray Tauriainen Assembly Member K. MAYOR'S REPORT ...... 7 Seat 3 - Nikiski Term Expires 2013 1. Assembly Requests/Responses- None. Kelly Wolf Assembly Member 2. Agreements and Contracts Seat 1 - Kalifornsky Term Expires 2015 a. Authorizing Award of Contract for Woods Drive Paving RIAD #WDSDR to Alaska Roadbuilders, Inc ...... 8

September 17,2013 Page 1 of5 3. Other

a. Project Reports - June 30, 2013 ...... 10

b. Certification of the 2013 Personal Property Supplemental Assessment Roll ...... 26

c. River Center Newsletter, Fall2013 ...... 27

L. ITEMS NOT COMPLETED FROM PRIOR AGENDA- None.

M. PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker)

1. Ordinance 2013-19-16: Accepting and Appropriating $23,693 from the State of Alaska Department of Military and Veterans Affairs, Division of Homeland Security and Emergency Management to Support the Activities of the Kenai Peninsula Borough Local Emergency Planning Committee (Mayor) (Referred to Finance Committee) ...... 31

2. Ordinance 2013-19-17: Appropriating $125,000 Received from the City of Kenai for the Kenai Central High School Track and Field Project (Mayor) (Referred to Finance Committee) ...... 36

3. Ordinance 2013-30: Authorizing the Assessor to Accept the Late-Filed Senior Exemption Application of Leona Broker for 2012, Filed after March 31 (Mayor) (Referred to Policies and Procedures Committee) ...... 40

4. Ordinance 2013-31: Authorizing the Mayor to Execute a Sublease and Operating Agreement with South Peninsula Hospital, Inc. for South Peninsula Hospital and Other Medical Facilities (Mayor) (Referred to Policies and Procedures Committee) ...... 46

N. UNFINISHED BUSINESS- None.

0. NEW BUSINESS

1. Resolutions

*a. Resolution 2013-065: Authorizing a New Classified Position to Replace a Temporary Clerk Position Which Has Been Filled for At Least 18 Months for the Anchor Point Fire and Emergency Medical Service Area (Mayor) (Referred to Policies and Procedures Committee) ...... 82

September 17,2013 Page 2 of5 *b. Resolution 2013-066: Requesting the Governor and Legislature Develop a Long-Term Solution to Ensure Full and Uninterrupted Ferry Service to Seldovia (Haggerty) (Referred to Legislative Committee) ...... 85

2. Other

*a. Approval of the Precinct Boards, Canvass Board, Review Boards and Absentee Voting Officials for the October 1, 2013 Regular Election (Referred to Policies and Procedures Committee) ...... 90

*b. Confirming Appointments to KPB Advisory Planning Commissions (Referred to Policies and Procedures Committee) ...... 94

Hope/Sunrise Advisory Planning Commission

Jonny Gatenbein SeatD Term Expires September 30, 2016

Moose Pass Advisory Planning Commission

Michael Cooney Seat F Term Expires September 30, 2016

Cooper Landing Advisory Planning Commission

Janette Cadieux Seat A Term Expires September 30, 2016 Carrie Williams SeatB Term Expires September 30, 2016

Anchor Point Advisory Planning Commission

Raymond Drake SeatE Term Expires September 30, 2016

*c. Confirming an Appointment to KPB Road Service Area Board (Referred to Policies and Procedures Committee) ...... 102

Sam McLane At-Large Seat Term Expires September 30,2016

*d. Petition to vacate a portion of Jobber Street (formerly Banta Street changed by PC Resolution No. 2010-10) a 66-foot right-of-way easement. The 33-foot right-of-way along the west boundary of Government Lot 56 and the 33-foot right-of-way along the east boundary of Government Lots 57 and 58 and vacate any associated utility easements; within Section 23, Township 6 North, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; said Government Lots shown on BLM Dependent Resurvey of Sections 14 and 23, Township 6 North, Range 12 West, Seward Meridian and accepted July 8, 1954; Location: On

September 17,2013 Page 3 of5 Jobber Street in Kenai; KPB File 2013-123 (Referred to Lands Committee) ...... 105

[Clerk's Note: The Planning Commission approved the referenced vacation by unanimous consent during its regularly scheduled meeting of August 26, 2013.]

e. Petition to vacate the 33-feet of the 83-foot section line easement that lies adjacent and underlies the above proposed right-of-way vacation along the south boundary of Lot 1 of Clearwater Subdivision amended (Plat KN 92-4 7), located within Section 28, Township 5 North, Range 9 West, Seward Meridian Alaska and within the Kenai Peninsula Borough. KPB File 2013-125 & 2013- 126 [Note: The remaining 50{eet of the 83{oot section line easement will allow for public access to the river.] Location: On Wharf Avenue in Funny River Road area (Referred to Lands Committee) ...... 122

[Clerk's Note: The Planning Commission approved the referenced vacation by majority consent during its regularly scheduled meeting of August 26, 2013.]

P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker)

Q. ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS

1. October 8, 2013 Regular Assembly Meeting 6:00PM Soldotna

R. ASSEMBLY COMMENTS

S. PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.)

1. Ordinance 2013-19-19: Approving the Transition of Eight State of Alaska Department of Public Safety Dispatchers to Borough Employment, Appropriating $460,881 to Fund the Transition, Accepting Funds from the Alaska Department of Public Safety to Partially Fund the Positions, and Authorizing the Mayor to Execute an Agreement for the Cooperative Operation of the Soldotna Public Safety Communications Center (Mayor) (Hearing on 10/08/13) (Referred to Finance Committee)

T. INFORMATIONAL MATERIALS AND REPORTS

September 17, 2013 Page 4 of 5 U. NOTICE OF NEXT MEETING AND ADJOURNMENT

The next meeting of the Kenai Peninsula Borough Assembly will be held on October 8, 2013, at 6:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska.

This meeting will be broadcast on KDLL-FM 91.9 (Central Peninsula), KBBJ-AM 890 (South Peninsula), K201AO-FM 88.1(East Peninsula). Copies of agenda items are available at the Borough Clerk's Office in the Meeting Room just prior to the meeting. For further information, please call the Clerk's Office at 714-2160 or toll free within the Borough at 1- 800-478-4441, Ext. 2160. Visit our website at www.borough.kenai.ak.us for copies of the agenda, meeting summaries, ordinances and resolutions.

September 17,2013 Page 5 of5

Kenai Peninsula Borough Assembly Meeting Minutes September 3, 2013 Regular Meeting - Soldotna, Alaska

CALL TO ORDER

A Regular Meeting of the Kenai Peninsula Borough Assembly was held on September 3, 2013, in the Borough Assembly Chambers, Soldotna, Alaska. President Murphy called the meeting to order at 6:00 p.m.

PLEDGE OF ALLEGIANCE AND INVOCATION

The Pledge of Allegiance was recited followed by the invocation given by Pastor John Rysdyk from the Soldotna Bible Chapel.

There were present:

Linda Murphy, Presiding Hal Smalley Mako Haggerty Bill Smith Brent Johnson Ray Tauriainen Sue McClure Kelly Wolf

comprising a quorum of the assembly.

Absent:

Charlie Pierce (excused)

Also in attendance were:

Colette Thompson, Borough Attorney Johni Blankenship, Borough Clerk Michele Turner, Deputy Clerk

COMMITTEE REPORTS (06:02:20) Assembly Member Smith said the Finance Committee met and discussed its agenda items.

Assembly Member Haggerty said the Policies and Procedures Committee met and discussed its agenda item.

APPROVAL OF THE AGENDA AND CONSENT AGENDA (06:04:19) MOTION TO APPROVE AGENDA: Smalley moved for the approval of the agenda and consent agenda.

President Murphy called for additions, corrections or deletions to the agenda or consent agenda.

Assembly Meeting Minutes Kenai Peninsula Borough September 3, 2013 Vol. 48, Page 174 1

The following item was added to the agenda:

• Mayor’s Proclamation Proclaiming September 2013 as “National Preparedness Month”

Copies having been made available to the public, Borough Clerk Johni Blankenship noted by title only the resolutions and ordinances on the consent agenda.

• August 20, 2013 Regular Assembly Meeting Minutes

• Ordinance 2013-19-19: Approving the Transition of Eight State of Alaska Department of Public Safety Dispatchers to Borough Employment, Appropriating $460,881 to Fund the Transition, Accepting Funds from the Alaska Department of Public Safety to Partially Fund the Positions, and Authorizing the Mayor to Execute an Agreement for the Cooperative Operation of the Soldotna Public Safety Communications Center (Mayor) (Hearing on 10/08/13) (Referred to Finance Committee)

President Murphy called for public comment with none being offered.

AGENDA APPROVED AS AMENDED: Without objection.

COMMENDING RESOLUTIONS AND PROCLAMATIONS (06:06:14) Mayor’s Proclamation Declaring September 2013 as “National Preparedness Month”

PRESENTATIONS WITH PRIOR NOTICE (06:07:35) Dr. Steve Atwater, Kenai Peninsula School District Superintendent presented the School District’s quarterly report.

PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (06:24:10) President Murphy called for public comment with none being offered.

MAYOR’S REPORT (06:24:29) 1. Assembly Requests/Responses

2. Agreements and Contracts

3. Other

a. Revenue-Expenditure Report, July 2013

b. Budget Revisions, July 2013

Kenai Peninsula Borough Assembly Meeting Minutes Vol. 48, Page 175 September 3, 2013 2

ITEMS NOT COMPLETED FROM PRIOR AGENDA - None.

PUBLIC HEARING ON ORDINANCES (06:29:59) Ordinance 2012-19-63: To Record Expenditures of $2,774,259 Paid by the State of Alaska Department of Administration on Behalf of the Kenai Peninsula Borough Toward the Borough’s Unfunded PERS Liability (Mayor) (Referred to Finance Committee)

MOTION: Smith moved to enact Ordinance 2012-19-63.

President Murphy called for public comment with none being offered.

VOTE ON MOTION TO ENACT: Yes: Haggerty, Johnson, McClure, Smalley, Smith, Tauriainen, Wolf, Murphy No: None Absent: Pierce MOTION TO ENACT PASSED: 8 Yes, 0 No, 1 Absent (06:31:21) Ordinance 2013-19-11: Expanding the Scope of Projects Previously Appropriated by Ordinance 2011-19-74 for Improvements to School Facilities and Appropriating Funds to These Projects (Mayor) (Referred to Finance Committee)

MOTION: Smith moved to enact Ordinance 2013-19-11.

President Murphy called for public comment with none being offered.

VOTE ON MOTION TO ENACT: Yes: Haggerty, Johnson, McClure, Smalley, Smith, Tauriainen, Wolf, Murphy No: None Absent: Pierce MOTION TO ENACT: 8 Yes, 0 No, 1 Absent (06:32:38) Ordinance 2013-19-12: Accepting and Appropriating Funding from the State of Alaska in the Amount of $545,400 for Community Purposes Under the State’s 2013/2014 Community Revenue Sharing Program (Mayor) (Referred to Finance Committee)

MOTION: Smith moved to enact Ordinance 2013-19-12.

President Murphy called for public comment with none being offered.

Assembly Meeting Minutes Kenai Peninsula Borough September 3, 2013 Vol. 48, Page 176 3

VOTE ON MOTION TO ENACT: Yes: Haggerty, Johnson, McClure, Smalley, Smith, Tauriainen, Wolf, Murphy No: None Absent: Pierce MOTION TO ENACT PASSED: 8 Yes, 0 No, 1 Absent (06:33:44) Ordinance 2013-19-13: Accepting and Appropriating $50,000 from the State of Alaska for the Anchor Point Fire and Emergency Medical Service Area Sewer System Replacement Project (Mayor) (Referred to Finance Committee)

MOTION: Smith moved to enact Ordinance 2013-19-13.

President Murphy called for public comment with none being offered.

VOTE ON MOTION TO ENACT: Yes: Haggerty, Johnson, McClure, Smalley, Smith, Tauriainen, Wolf, Murphy No: None Absent: Pierce MOTION TO ENACT PASSED: 8 Yes, 0 No, 1 Absent (06:34:37) Ordinance 2013-19-14: Appropriating $1,630,000 from the Central Peninsula Hospital Plant Replacement and Expansion Fund for Purchase of a Replacement CT Scanner at the Central Peninsula Hospital Imaging Department (Mayor) (Referred to Finance Committee)

MOTION: Smith moved to enact Ordinance 2013-19-14.

President Murphy called for public comment with none being offered.

MOTION TO AMEND: Smith moved to amend Ordinance 2013-19-14 as follows:

The third Whereas clause to read, “the Central Peninsula General Hospital, Inc. Board of Directors at its July 25, 2013 board meeting recommended enactment by unanimous consent; and” and the Final Whereas to read, “the Central Kenai Peninsula Hospital Service Area Board, at its August 12, 2013 meeting recommended enactment by unanimous consent;”

Kenai Peninsula Borough Assembly Meeting Minutes Vol. 48, Page 177 September 3, 2013 4

VOTE ON MOTION TO AMEND: Without objection.

VOTE ON MOTION TO ENACT: Yes: Haggerty, Johnson, McClure, Smalley, Smith, Tauriainen, Wolf, Murphy No: None Absent: Pierce MOTION TO ENACT AS AMENDED PASSED: 8 Yes, 0 No, 1 Absent (06:36:34) Ordinance 2013-19-18: Appropriating $300,000 in the General Government Capital Project Fund for Expenditures Associated with Remodeling the Information Technology (IT) Department (Mayor) (Referred to Finance Committee)

MOTION: Smith moved to enact Ordinance 2013-19-18.

President Murphy called for public comment with none being offered.

VOTE ON MOTION TO ENACT: Yes: Haggerty, Johnson, McClure, Smalley, Smith, Tauriainen, Wolf, Murphy No: None Absent: Pierce MOTION TO ENACT: 8 Yes, 0 No, 1 Absent

PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (06:37:49) President Murphy called for public comment with none being offered.

ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS (06:38:00) The next meeting of the Kenai Peninsula Borough Assembly was scheduled for September 17, 2013, at 6:00 p.m. in the Council Chambers, Homer City Hall, Homer, Alaska. (06:38:08) ASSEMBLY COMMENTS

Assembly Member Johnson welcomed back KWJG 91.5 FM, the public radio station in Kasilof, which was back on the air. Mr. Johnson announced the community meetings for Ninilchik was on September 25, 2013 at 1:00 p.m. at Ninilchik Senior Center; and Kasilof, Clam Gulch and Cohoe was October 2, 2013 at 7:00 p.m. at Tustumena Elementary.

Assembly Member McClure congratulated the women pioneers of the Kenai Peninsula, in particular her friend Margaret Anderson from Seward. Ms. McClure echoed the Mayor’s “thanks” to the Princess Lodge in Cooper Landing for the wonderful luncheon with the Sexy Senior Dumpster Cleaners. She stated she had several community meetings coming up and she would include them in her upcoming reports. She reminded everyone that she shared Sterling with Assembly Member Pierce and that they were meeting at Sterling Elementary on September

Assembly Meeting Minutes Kenai Peninsula Borough September 3, 2013 Vol. 48, Page 178 5

23, 2013 at 7:00 p.m. She stated her Lowell Point, Moose Pass, Cooper Landing and Hope meeting day was on September 28, 2013. She stated specific meeting times would be announced for those constituents.

Assembly Member Haggerty stated his community/revenue sharing meetings for Diamond Ridge, Fox River, Fritz Creek were on October 5, 2013 at Kachemak Emergency Services and Anchor Point was on October 5, 2013 at 3:00 p.m. at Chapman Elementary School.

Assembly Member Smith welcomed everyone in advance to the meeting in Homer.

Assembly Member Tauriainen stated there was a change of venue for the Nikiski community meeting, which had been held at the senior center in years past, but was now being held at North Peninsula Recreation Center on October 4, 2013 at 7:00 p.m.

Assembly Member Wolf encouraged everyone to give thoughtful prayer to our congressional leaders as they considered whether the United States would participate in civil war in Syria.

Assembly Member Smalley congratulated the pioneer women that were selected, they had done a tremendous service to our community. He announced the Central Peninsula Food Bank Annual Soup Super Auction was September 7, 2013 at Kenai Central High School cafeteria. (06:44:20) ADJOURNMENT

With no further business to come before the assembly, President Murphy adjourned the meeting at 6:44 p.m.

I certify the above represents accurate minutes of the Kenai Peninsula Borough Assembly meeting of September 3, 2013.

Johni Blankenship, MMC, Borough Clerk

Approved by Assembly:

Kenai Peninsula Borough Assembly Meeting Minutes Vol. 48, Page 179 September 3, 2013 6 KENAI PENINSULA BOROUGH 144 North Binkley St. Soldotna, Alaska 99669-7520 Toll-Free within the Borough 1-800-4 78-4441 Phone 907-714-2150 • Fax 907-714-2377 www.borough.kenai.ak.us

MIKE NAVARRE BOROUGH MAYOR

MAYOR'S REPORT TO THE ASSEMBLY

TO: Linda Murphy, Assembly President Kenai Peninsula Borough Assembly Members

FROM: Mike Navarre, Kenai Peninsula Borough Mayor?,0. ~ /A. \..) ·

DATE: September 17, 2013

Assembly Requests/ Response

Agreements and Contracts

a. Authorizing Award of Contract for Woods Drive Paving RIAD #WDSDR to Alaska RoadBuilders, Inc.

a. Project Reports- June 30, 2013 b. Certification of the 2013 Personal Property Supplemental Assessment Roll c. KPB River Center Newsletter

7 KENAI PENINSULA BOROUGH Road Service Area 47140 E. Poppy Lane • Soldotna, Alaska 99669 Toll-free within the Borough: 1-800-478-4427 PHONE: (907) 262-4427 • FAX: (907) 262-6090 www.borough.kenai.ak.us

MIKE NAVARRE BOROUGH MAYOR MEMORANDUM

TO:

THRU:

FROM:

DATE: August 22, 20 13

SUBJECT: Authorizing Award of Contract for Woods Drive Paving RIAD #WDSDR

On June 14, 2013 the Kenai Peninsula Borough Road Service Area formally solicited bids for Woods Drive Paving Road Improvement Assessment District (RIAD) #WDSDR for completion in summer 2013. The invitation to bid was advertised in the Peninsula Clarion on June 14, 16, and 18, 2013.

On the due date of June 27, 2013 one (1) bid was received and reviewed to ensure that all the specifications and delivery schedule was met. Alaska RoadBuilders, Inc. was the sole bidder.

Alaska RoadBuilders, Inc. submitted a bid amount of $288,040.00. The total costs for this project are $325,764.00 which includes design services, inter-departmental charges and contract services.

The Road Service Area (RSA) Board at their September 11, 2012 meeting passed Resolution 2012-14 approving to fund $146,534.76 or 50 percent of the expenditures associated with the Woods Drive Road Improvement Assessment District (RIAD). The Kenai Peninsula Borough Assembly at their November 20, 2012 enacted Resolution 2012-081 to form the Woods Drive RIAD and proceed with the improvement and enacted Ordinance 2012-19-34 appropriating $293,069.52 to the RIAD.

Project construction cost was $32,694.48 higher than originally estimated. The RSA Board passed Resolution 2013-04 approving to fund an additional $16,347.24 to the RIAD. The assembly enacted Ordinance 2013-19-15 appropriating an additional $32,694.48 funding to the RIAD.

Funding is available in the Woods Drive RIAD project budget. Expenditures for the contract will be charged to account number 897.92037.WDSDR.49999.

outed Frorr Mike Navarre, Ken 1 Peninsula Borough Mayor Datl / l~yor's Offirc tc, lerk c·.... ''i ' '6 ssembly ,.. sgal FINANCE DEPARTMENT FUNDS inance :~~---~ VERIFIED ssessing ~ .... Ianning ~-~-- --· oads _:)(... • Acct. #897.92037.WDSDR.49999 BB Amount $325.764.00 Jrchaslng :~~~c-.c ther ..2~~:-._, ~ D~:~~3~~ ate: 9 -7-o-s~ 8 KENAI PENINSULA BOROUGH PURCHASING & CONTRACTING

BID TAB FOR: ITB13-064 RSA Woods Drive Paving RIAD #WDSDR

CONTRACTOR BASE BID

Alaska Road Builders $288,040.00 9

Engineers Estimate $258,262.50

DUE DATE: June 27,2013@ 2:00PM

KPB OFFICIAL: Mark Fowt'ef, Purchasing & Contracting Director

( . KENAI PENINSULA BOROUGH- FINANCE DEPARTMENT

To: Linda Murphy, Assembly President Members of the Kenai Peninsula Borough Assembly

Thru: Mike Navarre, Borough Mayor rfl} From: Craig Chapman, Finance Director e_ J.r- Date: August 27, 2013

Subject: Project Reports -June 30, 2013

Attached are the quarterly project reports for the Borough's capital project funds.

Fund 400-Borough and Grant Funded School Capital Projects Fund Fund 401-Bond Funded School Capital Projects Fund Fund 407-General Government Capital Projects Fund Fund 409-Resource Management Capital Projects Fund Fund 411-Solid Waste Capital Projects Fund Fund 434-Road Service Area Capital Projects Fund Fund 441-Nikiski Fire Service Area Capital Projects Fund Fund 442-Bear Creek Service Area Capital Projects Fund Fund 443-CES Service Area Capital Projects Fund Fund 444-Anchor Point Service Area Capital Projects Fund Fund 446-Kachemak Emergency Service Area Capital Projects Fund Fund 455-911 Communication Capital Projects Fund Fund 459-North Peninsula Recreation Service Area Capital Projects Fund Fund 490-Central Hospital Capital Projects Fund Fund 491-South Peninsula Hospital Capital Projects Fund

10 School Revenue Projects - Fund 400

Balances through June 30, 2013

Year Site Authorized FY13 Expend Total LTD Unexpended ProJect Authorized Site Number 1 Project Descrietion Amount Budget FV13 Exeendltures Balance

07714 2007 Chapman Elementary 71010 Siding/window 50,000 49,590 410 49,590 12WLD 2012 Nanwalek Welding 71030 Storage to Welding Shop 38,505 35,351 35,351 38,505 13704 2013 Nanwalek School 71030 Propane Tank Separation 100,000 100,000 37,373 37,373 62,627 06195 2006 Ninilchik Elem. 71100 Re-roof Section D & E 492,671 16,330 16,330 492,671 (0) 12CAN 2012 SkyviewHS 71180 Canopy 399,372 388,657 254,072 264,788 134,584 08232 2008 Homer High 72010 FV08 HoHI· ADA Comp. 12,000 11,783 217 11,783 12723 2012 Homer High 72010 Pool filter Upgrade 80,000 77,477 2,421 4,944 75,057 12823 2012 Homer High 72010 Front Entry Upgrade 100,000 100,000 100,000 Grt 12TRC 2012 Homer High 72010 H. S. Track Replacement 1,175,000 1,105,504 1,069,344 1,138,840 36,160 08320 2008 West Homer Elem. 72051 Mortar Jts. -Seal Brick 50,000 43,649 6,351 43,649 13AUR 2013 Aurora Borealis 73010 Land Purchase 87,600 87,600 85,141 85,141 2,459 12KIT 2012 Kenai High 73020 Kitchen/Home Ec 73,132 70,009 67,779 70,902 2,230 Grt 13556 2013 Kenai High 73020 Track and Field Improve. 2,225,000 2,225,000 1,397,308 1,397,308 827,692 11755 2011 Kenai Middle School 73030 Flooring Rapt/Upgrade 6,933 6,933 6,933 6,933 Grt 07314 2007 Sears Elem 73040 Roof Repair 30,000 16,051 16,050 30,000 07716 2007 Seward High 75020 Par1

Total $ 13,7681760 10,5521266 4,425,877.07 $ 71642,371 $ 6,1261389.31

Beginning Fund Balance 6130112 2,098,334

Funds Provided: FV13 Transfer from General Fund 1,050,000 12KIT FV12 Local Contribution· KPBSD Kenai Central High, FY12 appropriation 2011·19·74 70,009 12WLD FV12 Local Contribution. KPBSD Nanwalek Welding Shop, FY12 appropriation 2011·19·74 35,351 12ADA FV12 Local Contribution· KPBSD ADA Compliance, FY12 appropriation 2011-19-78 100,000 12DSG FV12 Local Contribution· KPBSD Design Development, FV12 appropriation 2011·19-78 44,550 12PAV FV12 Locel Contribution. KPBSD Asphalt Repairs, FV12 appropriation 2011-19-78 250,000 12PTB FV12 Locel Contribution· KPBSD Move and Set up 2 Portables, FV12 appropriation 2011·19-78 150,000 12TRC FY12 Local Contribution. KPBSD Homer Track design, FV12 appropriation 211-19-78 5,504 12EXP FY12 Local Contribution· KPBSD Seward H.S. Shop, FT12 appropriation 2011·19·74 160,619 12CAN FY12 Local Contribution. KPBSD Skyview H.S. Shop Canopy, FY12 appropriation 2011·19-74 388,657 AUROR FY13 Local Contribution· KPBSD Aurora, FV13 appropriation 2010-19-45 87,600 SMART FY11 Local Contribution· KPBSD Smart Board Project 3,504 13DSG FY13 Local Contribution· KPBSD Design 200,000 13FLR FV13 Local Contribution· KPBSD Admin Bkdg Floor 35,000 13LOC FV13 Local Contribution. KPBSD Locks/Doors 33,000 07314 DCCED State grant· SEARS ROOF 16,050 12TRC DCCED State grant -Homer 1,100,000 13489 DCCED State grant· Areawide Security Cameras 1,625,000 13556 DCCED State grant· So Hi/Kenai Track 3,100,000 Total Funds Provided 8,454,844

Funds Applied ·Current Year Expenditures (4,425,877)

Funds obligated to existing projects (6, 126,389)

Projects completed, cancelled or other funding source identified. 55 758

Funds available for appropriation and to satisfy future capital expansion plans. 56,670

11 Bond Projects - Fund 401 Balances through June 30, 2013

Year Authorized FY13 Expend Total LTD Unexpended Project Appropriated Project Description Amount Budget FY13 Expenditures Balance 10SWB 2010 Landfill Expansion Project $ 4,960,000 $ 888,604 $ 108,776 $ 4,180,172 $ 779,828 11SCH 2011 KPBSD Roof Replacements 16,865,000 8,898,256 4,986,169 12,952,913 3,912,087

Total $ 21,825,000 $ 9,786,860 $ 5,094,946 $ 17,133,085 $ 4,691,915

Beginning Fund Balance 7/1/12 $ 10,032,133

Funds Provided: FY2013 SW Bond (FY1 0) Interest $ 123 FY2013 School Roofing Bonds Interest 2,127

Total Funds Provided 2,250

Funds Applied- Current Year Expenditures (5,094,946)

Transfers Ord 2012-19-61 CES (2,610) Ord 2012-19-61 CPGH (718) Ord 2012-19-61 SPH (143,585)

Funds obligated to existing projects (4,691 ,915)

Projects completed or cancelled

Funds available for appropriation and to satisfy future capital expansion plans. $ 100,610

Fund Balance: Solid Waste $ 28,290 Schools 72,320

Ending Fund Balance 6/30/13 $ 100,610

12 General Government Projects - Fund 407

Balances through June 30, 2013

Year Authorized FY13 Expend Total LTD Unexpended Project Appropriatec Project Description Amount Budget FY13 Expenditures Balance

84073 2008 Vehicle Parking $ 113,863 $ 40,088 $ 40,088 $ 113,863 $ 09407 2009 Conference Rooms Upgrade 100,000 52,911 1,823 48,912 51,088 10407 2010 Admin Bldg Remodel 134,132 5,466 5,466 134,132 1040A 2010 Admin Bldg Remodel FIN/Legal 194,689 176,450 174,452 192,691 1,998 12ADA 2012 Basement restrooms ADA Compliance 40,000 40,000 38,751 38,751 1,249 13RML 2013 Admin Bldg Remodel Assess/Pian/Mayol 387,196 387,196 373,045 373,045 14,152 Total $ 969,880 $ 702,110.40 $ 633,624 $ 901,394 $ 68,486.59

Beginning Fund Balance 7/1/12 $ 1,098,922

Funds Provided:

Total Funds Provided

Funds Applied - Current Year Expenditures (633,624)

Funds obligated to existing projects (68,487)

Projects completed or cancelled 3247

Funds available for appropriation and to satisfy future capital expansion plans. 400,058

Ending fund balance 6/30/13 $ 465,298

13 Resource Management Projects - Fund 409 Balances through June 30, 2013

Year · Authorized FY13 Expend Total LTD Unexpended Project Appropriated Project Description Amount Budget FY13 Expenditures Balance

$ $ $ " $ $

Beginning Fund Balance 7/1/12 $ 38,132

Funds Provided: FY20 13 Transfer from General Fund $ Grants Awarded Total Funds Provided

Funds Applied • Current Year Expenditures

Transfers Ord 2012-19-62 (38,132)

Funds obligated to existing projects

Projects completed or cancelled

Funds available for appropriation and to satisfy future capital expansion plans.

14 Solid Waste Projects - Fund 411

Balances through June 30, 2013

Year FY13 Expend Total LTD Unexpended Project Appropriated Project Description Budget FY13 Expenditures Balance 10HOM 2010 Homer Transf. Station Design $ 22,327 $ 476 $ 592,885 $ 21,851 11PPP 2011 Pollution Prevention Program 91,521 8,479 91,521 11PTG 2011 Pt. Graham LF Feasibility Study 57,232 67,768 57,232 12HLC 2012 Homer Landfill Closure 250,000 131,493 131,493 118,507 12LMS 2012 CPL Leacheate Management Study 70,676 34,983 114,307 35,693 12SCL 2012 CPL Truck Scale Replacement 304,825 301,836 307,011 2,989 Grt 12380 2012 Homer Transfer Station 0.11-19-11 6,327,940 5,682,763 8,102,823 645,177 13DMP 2013 Dumpster Replacement 70,000 69,993 69,993 7 $ 7,194,521 $ 6,221,544 $ 9,394,759 $ 972,977

Beginning Fund Balance 7/1/12 $ 736,298 Closure/Postclosure Costs 5,450,070 6,186,369 Funds Provided: FY2013 Transfer from Solid Waste Operating 70,000 FY2013 Transfer from Solid Waste Operating for closure/post closure 854,078 FY 2013 lnt 8,477 12380 Grants Awarded-- Homer Trans Station 6,327,940 Total Funds Provided 7,260,495

Funds Applied: Current Year Expenditures (6,221 ,544) Current Year Closure/Postclosure Expenditures (17,880) (6,239,424)

Funds obligated to existing projects (972,977)

Projects completed or cancelled 148,753

Funds available for appropriation and to satisfy future capital expansion plans. 6,383,215

Closure/Postclosure Liability (6, 154,775)

Net Funds available for appropriation and to satisfy future capital expansion plans. $ 228,440

15 RSA Capital Projects - Fund 434

Balances through June 30, 2013

Year Authorized FY13 Expend Total LTD Unexpended Prolect A,e,ero,erlated Prolect Descrl,etlon Amount Budget FY13 Ex,eendlturea Balance 2011 State Grant for Borough·Wide Road Improvements {$5,000,000) 11252 2011 Borough·wlde Road Improvements 1,225,406 1,225,406 1,226,406 W7EVE 2011 Even Lane 688,021 606,373 477,469 659,137 128,884 C1KET 2013 Kettle-Imperial CIP 32,364 27,338 27,565 27,685 4,799 C4MAY 2011 Mayonl SVInukshuk Ct 210,406 210,406 100,980 100,980 109,426 C6NOR 2011 N. Kobuk/VIew/May/Cntri/Splnaker 564,601 664,601 548,219 548,219 16,382 E3STA 2011 Starr Lane 76,533 75,533 75,533 76,533 (0) C2STE 2013 Stephens Rd CIP 16,054 16,054 12,801 12,801 C3GOO 2012 Gooseberry Road 114,467 114,467 96,590 96,690 17,877 C5STR 2012 Strawberry Rd.,Strawberry Ct., & Oorl Lynn 195,090 195,090 195,090 195,090 C5EDD 2013 Eddy Lane Drainage 73,250 73,250 55,453 65,453 17,797 E3CAR 2013 Caribou Hgts-Kasulka CIP 18,414 18,414 18,414 18,414 N2LAK 2013 Lake Road Maire Rd 10,201 10,201 10,201 10,201 N3SUV 2012 Suvaq St.,Ambryn Ave.,Galen Ave., Tlkopla St. 110,674 110,674 110,674 110,674 N2SPR 2013 Spruce haven Rd CIP 34,504 34,604 1,982 1,982 32,522 N2BAU 2013 Baun Drive 343,538 343,538 23,066 23,066 320,472 N3TUS 2013 Tutsutmena McKinley Shemya 281,082 281,082 88,393 88,393 172,689 S30LD 2013 Jody Bliss-Oil Pioneer Rd 25,080 25,080 20,659 20,659 4,421 S5KAT 2012 Kalamar Ave. E., Brown Drive 340,754 340,754 340,754 340,764 S5GRE 2013 Green Timbers Ridge 45,828 45,828 41,699 41,699 4,129 S8BAS 2013 Basargln Road 46,562 48,562 41,807 41,807 4,755 W1MOR 2013 Moraine Vista 192,704 192,704 156,788 156,786 35,916 W1TER 2012 Territorial Rd. & Chana Drive 174,702 174,702 174,702 174,702 W3STO 2012 Slot Rd. 282,577 282,577 632 632 281,945 W6POP 2013 PoppyWood Silverweed CIP 281,336 281,336 35,362 35,362 W6REN 2013 Rensselear-Baylor Rd CIP 28,411 28,411 24,224 24,224 W7WOP 2012 Woods Drive Paving 351 854 351654 306817 308 817 44 837 6,225,408 2012 State Grant for Borough-Wide Road Improvements ($4,500,000) 12383 2012 Borough-wide Road Improvements 3,265,079 3,265,079 3,265,079 C2STE 2013 Stephens Rd CIP 202,888 202,886 202,886 E3CAR 2013 Caribou Hgls-Kasulka CIP 231,957 231,957 49,516 49,516 182,441 N2LAK 2013 Lake Marie Rd 112,633 112,633 91,757 91,757 20,876 W6POP 2013 Poppy Wood 337,964 337,864 337,964 W6REN 2013 Rennselaer 349,481 349,481 349,481

2012 HMPG Federal/State Grant (75%/25%) 18436 2012 Beach Drive Basin/Culvert 432,837 420,826 320,291 332,303 100,534

2013 State Grant for Borough-Wide lmprovments ($8,000,000) 13614 2013 Borough-Wide Road Improvements 7,245,900 7,245,900 7,245,900 S30LD 2013 Jody Bliss 214,451 214,451 214,451 S5GRE 2013 Green Timbers Ridge 539,649 539,649 539,649

2013 OCCEO Grant 13224 2013 Fox River Basargln Road 50,000 50,000 50,000 Projects Associated with OCCEO Legislative Grant ($8,400,000) 9STIP'' 2009 OCCEO Legislative Road Improve. Grant 28,960 26,980 9KEYS 2008 Keystone Drive Improve.- OCCEO Grant 753,322 753,322 C1VIO 2011 Vio Rd,AnnaLn,Eisa Ln,Eidorado Way,Bonanza 461,539 245,656 245,160 461,042 497 C2GRE 2011 Greenwood Court 106,552 34,026 34,026 106,552 C3GOO 2012 Gooseberry Road 21,593 10,880 10,880 21,593 C41NU 2012 lnukshuk Court 91,577 12,113 12,113 91,577 C10FA 2010 Fannie Mae Ave. & Reger Road -1 9,454 9,454 N1GAL 2010 Galankan St., Thunder Rd. & Sandy Ln 348,333 348,333 N2MER 2010 Mercedes Court 74,095 74,095 N5SMI 2010 Smith Road 127,361 127,361 S5SHE 2010 Sheep Drive and Charlie Drive 357,859 357,859 S3KAR 2010 Karen Circle 84,257 84,257 W10LD 2010 Old Kasilof Rd., Yellow Brick Rd., Fox Farmers ... 390,868 390,888 W4RID 2010 Ridgefield Road 480,052 480,052 N1TRE 2011 Treasure Chest Ave. & Grouse Ave. 124,192 124,182 S7GLA 2011 Glaciervlew Rd. Emergency Culvert Replace. 59,622 59,622 C1COZ 2011 Cozy Firelight St.,White Spruce, Tributary Aves. 370,348 370,348 C4MAY 2011 Mayoni St & lnukshuk Ct. 35,609 25,734 25,734 35,609 C4RAI 2011 Rainbow Or., Haneybee &.East Lake Aves. 414,403 414,403 C5EDD 2011 Eddy Lane Drainage 21,657 21,657 21,657 21,657 C5GOL 2011 Golden Eagle Ave. & Chlslk St. 119,849 108,259 108,259 119,849 C5NOR 2011 N.Kobuk St.,VIew Ln. Mary Ave, Central Ave. 40,260 18,359 18,359 40,260 C5STR 2011 Strawberry Rd., Strawberry Ct., & Oori Lynn St. 20,545 4,615 4,615 20,545 C5SUT 2011 Suthard Blvd and Parkway Avenue 77,771 77,771 C6KBD 2010 K-B Drive & Bye Way 329,497 6,100 5,100 329,497 E2BEA 2009 Beach Drive 10,415 8,865 8,918 8,489 1,947 E3MOA 2011 Moat Way, Excalibur, Camelot 243,328 243,328 E3STA 2011 Starr Lane 24,601 15,951 15,951 24,601 E4DEP 2011 Depot Road - Moose Pass 112,548 112,546 N1CAB 2011 Cabin Lake Drive 458 458 N2SPR 2013 Spruce Haven Rd 181,727 181,727 12,686 12,585 169,142 N2GEM 2012 Gemstone Road 45,911 39,668 39,666 45,911 N3BEL 2009 Bell Ave. & Boondocker Street 8,127 8,127 N3SUV 2011 Suva St,Ambryn Ave, Galen Ave,Tikopla St. 115,805 65,648 85,648 115,805 N5GEO 2011 Georgine Lake Road 221,687 208,800 176,637 189,404 32,263 N5RAM 2012 Ramona Street 148,766 135,956 135,956 146,766 N5WAN 2011 Wanda Dr., & Range View Ct. 189,886 189,886 8,185 20,111 169,775 S4RID 2011 Ridge St., Ring of Fire Ave. & Spruce Circle 515,568 615,586 S5KAT 2011 Katamar Ave. E., Brown Drive 22,621 2,566 2,566 22,621 W1JUE 2009 Juel, Kenaltze, Neilson 160,087 139,816 139,618 180,087 (0) W1RUF 2012 Ruffed Grouse 80,080 72,802 72,802 80,080 (0) W1TER 2011 Territorial Rd. & Chana Dr. 19,677 4,332 4,332 11,610 8,067 W2ETA 2011 Etau Maku, Tyena Ka Rd., Kwanta Hah 88,999 88,999 W3STO 2011 Stol Rd. (Ph#2) 31,510 21,882 21,682 31,510 W6ROO 2011 Roosevelt Ave. 239,434 239,434 W6YAL 2011 Yale St., Princeton Ave. 96,272 88,990 78,859 88,141 10,131 W7DAN 2011 Dana Bayes Street 223,856 223,856 W7RAV 2011 Ravenwood Street 117,763 8,696 6,698 117,764 (0) W7RIV 2011 River Hills Dr., upgrade/pave 465 465 W7VIR 2011 Virginia Or., and Gary Ave. 244,734 244,734 W7WOO 2011 Widgeon Woods Sub., Phase 2 308100 122 230

Totals 5012331648 2113611962 417411785.79 1918181681 1513501299

Beginning Fund Balance 7/1/12 1,144,448

Funds Provided: 11252 DCCED Boro Wide Improvement 4,436,160 12383 DCCEO Boro Wide Improvement 4,500,000 13224 OCCED Fox River Basargln Rd 50,000 13614 DCCED Bore Wide Improvement 8,000,000 18436 HMPG- Beach Drive Basin/Culvert 316,619 18436 Dept of Military & Vet AF 105,206 9STIP Dept of Commerce Comm/Econ Ovlptmt 1,678,060 FY2013Interest Earnings 78 Total Funds Provided 19,085,143

Funds Applied- Current Year Expenditures -4,741,786

Funds obligated to existing projects -15,350,299

Projects completed or cancelled by Service Area Board Action

Funds available for appropriation and to satisfy future capital expansion plans, 137 508

Non-Project specific FY 2011 State Grant, FY 2012 State Grant & FY2013 State Grant 11863879 Funds available for appropriation and to satisfy future capital expansion16 plans. 1210011385 Nikiski Fire Projects - Fund 441

Balances through June 30, 2013

Year Authorized FY13 Expend Total LTD Unexpended Project Appropriated Project Description Amount Budget FY13 Expenditures Balance

Grt/Local 11ARL 2011 Fire Alarm System at Station #1 $ 103,040 $ 17,569 $ 13,752 $ 99,224 $ 3,816 11414 2011 Engineering Survey- Stn. #1 10,000 7,759 5,526 7,767 2,233 81NT3 2011 Wildland Firefighting Equipment 40,657 2,228 38,429 2,228 12COR 2012 Sta. #2 - Corrosive Water Mitigation 30,000 12,760 5,223 22,462 7,538 Grt/Local 12411 2012 Two 4,000 GPM Tankers/Pumpers 1,050,000 168,356 881,644 168,356 Local 13ERE 2013 Defribulators Southern Region EMS 19,612 19,612 8,747 8,747 10,865 13415 2013 SCBA Air Bottle Replacement 15,250 15,250 14,984 14,984 266 13416 2012 Sta. #1 - Bunkroom Remodel 80,230 80,230 78,347 78,347 1,883 Grant 13439 2013 Aerial Fire Apparatus 975,000 975,000 974,615 974,615 385

Total $ 2,323,789 $1,298,764 $ 1,101,194 $ 2,126,219 $ 197,569

Beginning Fund Balance 7/1/12 $ 935,442

Funds Provided: FY2013 Transfer from Operating Fund $ 200,000 13439 Grant Awarded Ariel Fire Apparatus Ord 2012-19-06 975,000 11ARL Grant Awarded Fire Alarm Ord 2010-19-47 16,197 FY20131nterest Earnings 1,660 Total Funds Provided 1,192,857

Funds Applied Current Year Expenditures (1,101,194)

Funds obligated to existing projects (197,569)

Projects completed or cancelled by Service Area Board Action 174,386

Funds available for appropriation and to satisfy future capital expansion plans. $1,003,922

17 Bear Creek Fire Service Area Projects - Fund 442

Balances through June 30, 2013

Year Authorized FY13 Expend Total LTD Unexpended Project Appropriated Project Description Amount Budget FY13 Expenditures Balance 09422 2009 New Station Design $ 150,000 $ 9,626 $ 9,093 $ 149,467 $ 533 Grt 09482 2009 DCCED Grt-Toward Multi-Use Facility 55,000 40,224 1,530 16,306 37,444 10421 2012 Hose bed for Tanker/Pumper 7,114 7,114 7,114 7,114 11421 2011 New Fire Station-Site Work 65,000 64,323 3,283 3,961 61,039 12422 2012 Mobile Radio Repeater 15,000 15,000 15,000 Bnd/G 13566 2013 Multi-Use Facility Construction 5,474,501 5,474,501 975,424 975,424 4,499,077 Total $ 5,766,615 $ 5,610,788 $ 996,444 $ 1,152,271 $ 4,613,093

Beginning Fund Balance 7/1/12 $ 258,023

Funds Provided: FY2013 Transfer from Operating Fund $ 50,000 09482 Grants Awarded New Station Design Ord 2008-19-09 40,224 13566 Grants Awarded Ord 2012-19-20 3,976,000 13566 Bonds Proceeds Bear Creek Fire 1,400,000 lnt on lnvest'd 2013 BCFSA Bond 42 FY2013 Interest Earnings 1,701 Total Funds Provided 5,467,968

Funds Applied -Current Year Expenditures (996,444)

Funds obligated to existing projects (4,613,093)

Projects completed or cancelled by Service Area Board Action

Funds available for appropriation and to satisfy future capital expansion plans. $ 116,454

Fund Balance: Bear Creek Bond lnt $ 42 Bear Creek Bonds 470,228 Local Funds 290,219 Total Fund Balance 6/30/13 $ 760,489

18 Central Emergency Services Projects - Fund 443 Balances through June 30, 2013

Year Authorized FY13 Expend Total LTD Unexpended Project Aeeroeriated Project Descrietion Amount Budget FY13 Exeenditures Balance 11466 2011 Radio Equipment Upgrade $ 169,000 $ 26,746 $ $ 142,254 $ 26,746 12GNR 2012 Funny River Fire Sta. - Generator 35,000 17,160 5,102 22,943 12,057 12RUF 2012 Soldotna Sta. 1 Roof Replacement 391,328 391,328 108,628 108,628 282,700 12462 2012 Training Officer Vehicle Replace. 50,000 10,541 0 39,459 10,541 12463 2012 Ambulance 201,000 201,000 0 201,000 12469 2012 Training Facility Relocation 350,000 274,481 122,730 198,249 151,751 GRT 13165 2013 Rescue Boat 104,842 104,842 0 104,842 13461 2013 Deputy Fire Marshal Vehicle 45,908 45,908 39,210 39,210 6,698 13462 2013 High Efficiency Boiler-Sterling 83,672 83,672 68,978 68,978 14,694 13463 2013 Replace Engine #6-Kasilof 460,000 460,000 101,259 101,259 358,741 13464 2013 ECG Monitor Replacement 110,000 110,000 97,762 97,762 12,238 13465 2013 Mobile Data Terminals 105,000 105,000 15,713 15,713 89,287 13466 2013 Thermal Imaging Cameras 52 800 52 800 39166 39 166 13 634 $ 2,158,550 $ 1,883,477 $ 598,547 $ 873,620 $1,284,930

Beginning Fund Balance 7/1/12 $1,156,178

Funds Provided: FY2013 Transfer from CES Operating Fund $ 600,000 FY2013 Transfer from CES Bond Fund 2,610 13165 Grant Awarded Rescue Boat Ord 2012-19-07 100,750 FY2013 Interest Earnings 3 493 Total Funds Provided 706,853

Funds Applied- Current Year Expenditures (598,547)

Funds obligated to existing projects {1,284,930)

Projects completed or cancelled 3651674

Funds available for appropriation and to satisfy future capital expansion plans. $ 3451229

19 Anchor Point Fire Service Area Projects - Fund 444

Balances through June 30, 2013

Year Authorized FY13 Expend Total LTD Unexpended Project Appropriated Project Description Amount Budget FY13 Expenditures Balance

11TNK 2011 Water Storage Tank Installation $ 50,000 $ 49,526 $ $ 474 $ 49,526 12PMP 2012 Class A Pumper 241,000 16,667 16,547 240,880 120 13SCB 2013 SCBA Replacement Equipment 60,000 60,000 60,000

Total $ 351,000 $ 126,193 $ 16,547 $ 241,354 $ 109,646

Beginning Fund Balance 7/1/12 $ 88,843

Funds Provided: FY2013 Transfer from Operating Fund $ 65,000 Grants Awarded FY2013 Interest Earnings 139 Total Funds Provided 65,139

Funds Applied -Current Year Expenditures (16,547)

Funds obligated to existing projects (109,646)

Projects completed or cancelled by Service Area Board Action 120

Funds available for appropriation and to satisfy future capital expansion plans. $ 27,909

20 Kachemak Service Area Capital Projects - Fund 446

Balances through June 30, 2013

Year Authorized FY13 Expend Total LTD Unexpended Project Appropriated Project Description Amount Budget FY13 Expenditures Balance 08481 2008 FY08 Diamond Ridge Sta. Dvlpmt $ 75,000 $ 10,924 $ 2,326 $ 66,402 $ 8,598 ORPTR 2010 Repeater 13,750 4,113 4,113 13,750 11TKR 2011 Tanker/Pumper 341,250 330,181 330,181 341,250 0 12379 2012 Diamond Ridge Station - Grant 550,000 502,706 28,919 76,212 473,788 13481 2013 Three Brush Trucks 30,000 30,000 17,060 17,060 12,940 13AMB 2013 Code Blue Ambulance 10,000 10,000 10,000 13BLU 2013 Code Blue Defibrillator/Gurney 9,976 9,976 9,976 9,976 Totals $ 1,029,976 $ 897,901 $ 392,575 $ 514,674 $ 505,326

Beginning Fund Balance 7/1/12 $ 471,538

Funds Provided: FY2013 Transfer from Operating Fund $ 150,000 12379 Grant Awarded Ord 2011-19-13 & 2012-19-21 402,706 FY2013 Interest Earnings 1,234 Total Funds Provided 553,940

Funds Applied -Current Year Expenditures (392,575)

Funds obligated to existing projects (505,326)

Projects completed

Funds available for appropriation and to satisfy future capital expansion plans. $ 127,577

21 Communication Center 911 Projects - Fund 455

Balances through June 30, 2013

Year Authorized FY13 Expend Total LTO Unexpended Project Appropriated Project Description Amount Budget FY13 Expenditures Balance

Total $ $ $ $ $

Beginning Fund Balance 7/1/12 $ 3,255

Funds Provided: Total Funds Provided

Funds Applied- Current Year Expenditures Transfer to General Fund Ord 2012-19-62 (3,255) Total Funds Applied (3,255)

Funds obligated to existing projects

Projects completed or cancelled

Funds available for appropriation and to satisfy future capital expansion plans. $

22 North Pen Rec Capital Projects-Fund 459

Balances through June 30, 2013

Year Authorized FY13 Expend Total LTO Unexpended Project Appropriated Project Description Amount Budget FY13 Expenditures Balance

GrUioc; 12028 2012 Playground Equipment DCCED Grant $ 324,109 $ 316,519 $ 316,404 $ 323,994 $ 115 12453 2012 Facilities 75,000 75,000 71,701 73,352 1,648 12454 2012 Siding & Exterior Paint for NCRC 100,000 95,981 727 4,745 95,255 Grt 13011 2013 Rec Center Roof & Exterior Replace. 750,000 750,000 750,000 13452 2013 Snow Machine & Trail Grooming Eq. 20,000 20,000 19,534 19,534 466 Grt 13TRL 2013 Upgrade & Expand Trails 225,000 225,000 218,858 218,858 6,142

Total $ 1,494,109 $ 1,482,501 $ 627,222 $ 640,482 $ 853,626

Beginning Fund Balance 7/1/12 $ 697,999

Funds Provided: FY2013 Transfer from Operating Fund $ 50,000 13TRL Grant Awarded Ord 2012-19-03 150,000 13011 Grant Awarded Ord 2012-19-17 750,000 12028 Grant Awarded Ord 2011-19-20 217,410 FY2013 Interest Earnings 2,141 Other Revenue--Donations 9,650 Total Funds Provided 1,179,201

Funds Applied - Current Year Expenditures (627,222)

Funds obligated to existing projects (853,626)

Projects completed or cancelled by Service Area Board Action

Funds available for appropriation and to satisfy future capital expansion plans. $ 396,352

23 Central Peninsula Hospital Capital Projects - Fund 490

Balances through June 30, 2013

Year Authorized FY13 Expend Total LTD Unexpended Project Authorized Project Description Amount Budget FY13 Expenditures Balance

ACTIVE PROJECTS

State of Alaska 120NC 2013 Radiation Oncology Facility $ 2,000,000 $ 2,000,000 $ 2,000,000 $ 2,000,000 $ Total State Grants 2,000,000 2,000,000 2,000,000 2,000,000 Provided From Local 13KHC 2013 KHCTR Facility 250,000 250,000 10,332 10,332 239,668

FUNDS PROVIDED BY HOSPITAL PLANT REPLACEMENT FUND 11 CCD 2011 Document Exchange System 455,148 28,004 28,004 455,148 0 11 MD1 2011 Mundel bldg improvements 750,000 172,371 0 577,629 172,371 12ANS 2012 Hospital Equipment 671,867 671 0 671,196 671 121MG 2012 Renovations-Imaging Dept. 980,431 980,338 190,994 191,086 789,344 120PR 2012 Operating Room (4th) 1,067,281 168,873 9,125 907,533 159,748 13EHR 2013 Electronic Health Records System 666,646 666,646 657,400 657,400 9,246 13FRN 2013 CPGH PT Proprrty 3,591,500 3,591,500 3,314,026 3,314,026 277,474 13MOB 2013 CPGH Medical Office 3,317,585 3,317,585 159,562 159,562 3,158,023 13PRK 2013 Binkley Parking Lot 310,000 310,000 0 310,000 130BR 2013 OB Renovation 769,228 769,228 159,941 159,941 609,287 131MG 2013 Radiation addition 3,000,000 3,000,000 0 3,000,000 120NC 2012 Radiation Oncology Facility 4,700,000 4,421,876 4,235,173 4,513,297 186,703

TOTAL FUNDS PROVIDED BY HOSPITAL PLANT REPLACEMENT FUND 20,279,686 17,427,092 8,754,225 11,606,819 8,672,867

·TOTAL CPGH CAPITAL PROJECTS $ 22,529,686 $ 19,677,092 $ 10,764,557 $ 13,617,151 $ 8,912,535

Unrestricted Beginning Fund Balance 07/01/12 $ 634,099

Funds Provided: 11CCD FY11 Local Contribution Centri-C PH CCD Doc Exchg 28,004 11MDI Cent from Local 172,371 12ANS FY12 Local Contribution Various Hosp Equip 671 121MG FY12 Local Contribution CPGH !mag Dept 980,338 120PR Local Cent CPGH 4th Oper RM 168,873 13EHR FY12 Local Contribution CPGH Elecct Health RC 666,646 13FRN FY13 CHP Local Cent Corral & Cavier 3,591,500 13MOB FY13 Local Contribution CPH Med Office Bldg 3,317,585 13PRK FY13 Local Contribution CPH Binkley Parking lot 310,000 130BR FY13 Local Contribution CPH OB Remdei/Relocat 769,228 120NC FY12 Local Contribution Radation/Oncology 4,421,876 120NC FY13 Radiation addition 3,000,000 State Grants 2,000,000 transfer from BOND fund Ord 2012-19-62 718 FY2013 Interest Earnings (1,503) Total Funds Provided 19,426,307

Funds Applied: Current Year project related expenditures (10,764,557) 13KHC Kenai Health Center expenditures 250,000

Funds obligated to existing projects (8,912,535)

Projects completed or cancelled

Funds available for appropriation and to satisfy future capital expansion plans. $ 633,315

Restricted Fund Balance: Funds Reserved For Kenai Health Center Maintenance 6/30/12 $ 552,646

Funds Provided Curent Year: State Contributions 33,972 Local Contributions 25,803 Interest on Accumulated Balance 815 Total Funds Provided 60,590

Funds Expended Audit Services (2,100) Project Expenditures (10,332) Total Funds expended (12,432)

Funds reserved for Kenai Health Center maintenance 6/30/13 600,804 Obligated to Health Center Maintenance Proj 13KHC (239,668) Funds available for appropriation and to satisfy future maintenance for KHCTR $ 361,136 24 South Peninsula Hospital Capital Projects - Fund 491 Balances through June 30, 2013

Year Authorized FY13 Expend Total LTD Unexpended Project Authorized Project Description Amount Budget FY13 Expenditures Balance 8SH01 2008 FY08 Emergency Equipment $ 140,000 $ 62,670 $ - $ 77,330 $ 62,670 11SHK 2011 Security System Upgrade 50,000 24,193 25,807 24,193 11SHN 2011 OR Instrument Replacement 40,000 40,000 40,000 11SHS 2011 Nurse Communication System 30,000 22,524 22,524 30,000 11SHT 2011 Health Information Mgmt. Furniture 30,000 21,763 8,237 21,763 12SHA 2012 Various Equipment 331,999 183,082 42,736 191,654 140,345 12SHD 2012 Nurse Call System 152,000 53,752 53,752 152,000 12SHF 2012 House Med Air/02Ncuum expansion in LTC 72,000 72,000 72,000 12SHK 2012 Draeger Vital Sign Monitor 39,000 39,000 39,000 12SHL 2012 Inpatient Medication Management 37,500 24,550 24,550 37,500 12SHM 2012 Parking Lot Stairs 35,000 1,402 728 34,325 675 12SHR 2012 Page Writer TC 70 Cardiograph/Carts 26,785 7,177 19,608 7,177 12SHS 2012 Ceiling Lifts 26,000 26,000 22,684 22,684 3,316 13SHB 2013 Communication Equipment-VOIP Phone Syst 300,000 300,000 300,000 300,000 13SHC 2013 Bariatric Room Construction 10,000 10,000 10,000 13SHD 2013 Autoclave/Washer/Sterilizer 150,000 150,000 136,371 136,371 13,629 13SHE 2013 Anesthesia Machine 122,185 122,185 110,606 110,606 11,579 13SHF 2013 IU22 Ultrasound Unit 116,000 116,000 116,000 116,000 13SHG 2013 Wireless Location System 90,000 90,000 79,535 79,535 10,465 13SHH 2013 Helistop Fire Suppression 100,000 100,000 92,556 92,556 7,444 13SHJ 2013 Glycol Chiller/Dry Cooler 90,000 90,000 90,000 13SHK 2013 Fetal Heart Monitors 77,870 77,870 69,717 69,717 8,153 13SHL 2013 UPS for MRI Gradients 72,000 72,000 72,000 13SHM 2013 Infant Bed Warmers 62,942 62,942 62,942 62,942 13SHN 2013 Building Controls 50,000 50,000 50,000 13SHO 2013 MS Windows Server Backup Software 47,000 47,000 24,631 24,631 22,369 13SHP 2013 Orthopedic Instrument 40,000 40,000 18,266 18,266 21,734 13SHQ 2013 Server Replacement 37 500 37 500 13 466 13 466 24 034

Total $ 2,375,781 $ 1,943,609 $ 1,191,064 $ 1,623,236 $ 752,545

Beginning Fund Balance 7/1/12 $ 647,990

Funds Provided: FY20 13 Transfer from Operating Fund $ 1,350,000 Transfer from Bond Fund Ord 2012-19-61 143,585 FY2013 Interest Earnings 2080 Total Funds Provided 1,495,664

Funds Applied- Current Year Expenditures Current Year Expenditures (1,191,064)

Funds obligated to existing projects (752,545)

Projects completed or cancelled

Funds available for appropriation and to satisfy future capital expansion plans. 200,046

F/S fund balance $ 952,591

25 KENAI PENINSULA BOROUGH 144 North Binkley Street • Soldotna, Alaska 99669-7520 Toll-free within the Borough: 1-800-478-4441 PHONE: {907) 262-4441 • FAX: (907) 262-1892 www.borough.kenai.ak.us '•·' . MIKE NAVARRE .. ...,,.""···«~· BOROUGH MAYOR

MEMORANDUM

TO: Mike Navarre, Borough Mayor

FROM: Tom Anderson, Director of Assessing~

DATE: September 5, 2013

SUBJECT: Certification of the 2013 Personal Property Supplemental Assessment Roll

The undersigned, duly qualified and appointed Assessor of the Kenai Peninsula Borough, does hereby certify that the following is the total valuation contained in the 2013 Personal Property Supplemental Assessment Roll as of September 5, 2013.

The total assessed value for the Kenai Peninsula Borough, including all properties on the assessment roll is as follows:

TOTAL PERSONAL PROPERTY

$17,001,578

The total taxable amount for the Kenai Peninsula Borough is as follows:

TOTAL PERSONAL PROPERTY

$11 ,654,537

Tom ~rson,~~~ Direcoror Assessing

1:\Word\DATA\Certification\2013 Personal Property Supplemental Roii9·13\CERT. OF 2013 PERSONAL PROPERTY SUPP.doc

26 The Riparian Zone

BUSINESS NAME

A Newsletter from theFALL Kenai Peninsula 2013 Borough’sRIVER RiverCENTER Center NEWS F A L L 2 0 1 3 Fish and Humans: Living on the Edge

All parts of a stream or lake are fish. The structure of tree roots, live near the edges of lakes and important to fish. The surface willows and grasses knit together streams, but the human desire to build inputs oxygen, organic matter to hold soil back from eroding into and recreate on the edge and the habi- and insects, the bottom is where the water. Why is this important to tat needs of fish are in direct conflict. most of the food is produced, fish? Silty water reduces the but the edge, where the vegetat- amount of light that can penetrate The Kenai Peninsula Borough has a House on River ed bank meets the water, is the water which reduces photosyn- program in place to mitigate the con- equally important. Why? Where thesis. Silt also coats the bottom of flict between humans and fish by cre- banks are vegetated, stream streams, covering gravelly spawn- ating a buffer along lakes and flow is usually lowest. Salmon ing areas. Silt is an irritant to fish streams. The essential function of this prefer low velocity waterflow. that, when filtered through gills, buffer is to maintain the fish habitat The young coho, not the best of can cause infections and death. function of shoreline vegetation while swimmers, prefer slow moving Living on the edge of rivers and providing means by which humans ponds and slough-like area. lakes is where fish like to be but can access water bodies and enjoy King salmon swim well against when man-made erosion occurs recreational opportunities and the Healthy the current but prefer the slow there is a direct effect on the health harvest of fish. Shoreline Habitat moving water near riverbanks. of salmon. Just as Red Green says, “we’re all in The water’s edge is where veg- The interface between humans and it together”. INSIDE THIS etation is most important to fish is complicated. Both like to I S S U E :

Lawn Care 2 Strategies for Waterfront Protection—Tips and Techniques

If you have waterfront property, What’s a property owner to do?  Manage the people who use your you may notice that the combina- Here are some tips and techniques property. Create a single access Importance of 2 tion of fishing, boating, and shore- to protect your valuable property. point that is well designed to re- Salmon Habitat side recreation is taking a toll on duce the speed at which run-off the vegetation. What you may not  Give the native vegetation next can flow to the river. If the bank Getting a Staff 3 realize is that this is because the to the waterbody a break. on your land is obviously in trou- Permit soil at the water’s edge is melting Letting nature protect your ble because of sloughing, you may into the waterbody. bank is an inexpensive method need to design a restoration project of protection. to prevent further loss of land. Oncorhynchus 3 It can start subtly, but at some kisutch point, when shoreside vegetation is  If you are going to fish from The Kenai Peninsula Borough’s River trampled or mowed to ground lev- your waterfront property stand Center can offer suggestions on the best News of Alaska 3 el, the speed of run-off water flow- in the water or on an elevated, restoration techniques. You’ll need a State Parks ing into the waterbody weakens the light penetrating walkway. permit from the River Center to root structure holding soil in place This technique will allow veg- construct the restoration so contacting Oncorhynchus 4 causes sudden loss of soil, and etation to flourish and maintain the River Center while you are in the Kisutch cont. vegetation. This scenario is magni- a firm grip on the soil. planning stage is a great idea. fied when wave action is present.

27 P A G E 2 Be Lawn Care-ful If your lawn was established Property owners can make filter chemicals and soils prior to the implementation their lawns more salmon from run-off. of the Kenai Peninsula Bor- friendly by following these  Don’t allow water from ough’s 50-foot Habitat Pro- simple steps: down-spouts to run di- tection District (HPD) (1996 rectly to the river. Cap- for the Kenai River) you may  Don’t fertilize. If you ture or divert the water maintain it. Newer lawns are must fertilize use or- into a depression in your not permitted in the HPD. ganic fertilizers spar- yard so soils and other ingly because even particles can drop out The reason is this: rainwater organics contain harm- before the water reaches and snow melt collect a vari- ful phosphates. the river. ety of substances that are  Don’t mow near the  Store all oils, grease, harmful to fish including pes- water’s edge. Allow- household chemicals and ticides, fertilizers, and soils ing grass to remain other potential contami- contaminated with petro- uncut several feet from nates away from water- chemicals. the water will help bodies. We All Have a Stake in Salmon Habitat

Because salmon are the basis for there are many ways you can tions vary with location and much of our area’s ecology and protect riverbanks and juvenile throughout the season. Find out economy, it is critical that we pro- salmon habitat: for example, what regulations apply to the tect their habitat. When adult salm- don’t trample riverbank vegeta- time and river where you intend on return from the oceans, they tion or stand on riverbanks to to fish. You can get information need clean gravel beds in which to fish. Instead, fish from unveg- on current regulations by con- deposit and fertilize the eggs that etated gravel bars, in the river, tacting the Alaska Department will become the next generation. from boats, or, if you’re fishing of Fish and Game. Young king, silver, and red salmon the Kenai, by taking advantage (also known as chinook, coho, and of one of the many public fish- Respect the Rights of Others sockeye) then spend up to two years walks. in rivers and lakes before they mi- While you are fishing remem- grate to the sea.  Slikok Creek off Endicott ber: R-e-s-p-e-c-t the riparian Drive habitat AND private property. These juvenile fish spend most of  Centennial Campground Although the Kenai River is a their time in the slow waters of wet- off Kalifornsky Beach state park, its banks are not. lands or very close to the banks of (K-Beach) Road Much of the river is bordered by rivers and lakes, and require healthy  Soldotna Visitors Center private land, as are other rivers overhanging vegetation to provide on the Sterling Hwy on the Peninsula. Please respect shelter from predators. Natural  Soldotna Creek Park on the privacy of property owners structures, such as undercut banks the Sterling Hwy by using public right of ways to and trees that have fallen in the  Kenai River Center on access the water, and by fishing water, also provide valuable habitat. Funny River Road from the riverbed or public fish- When we keep our rivers free of  Rotary Park on Funny walks. pollution and maintain healthy veg- River Road etation along the riverbanks, we do  Swiftwater Park on East our part help ensure that salmon Redoubt will keep returning for decades to

come. Protect water quality by fueling

your boat and emptying bilge Your Role in Salmon Protection away from the water. Obey

fishing regulations: Regula- When you fish in peninsula waters

28 Getting a Staff Permit - It’s Surprisingly EasyP A G E 3 Getting a staff permit from the River Center answer box or a narrative description of 4. An incomplete application or an ap- is not complicated but the application must your project. The more detail you include, plication that does not adequately be complete, including a detailed descrip- the better the reviewer can assess your describe the project and lacks ade- tion of the proposed project. Here are the plans. The exception is the Minor Vegeta- quate site plan drawings will require steps: tion Management Permit, which can usual- additional time and will delay the ly be issued immediately at the River Cen- permit. 1. Come to the River Center on Funny ter. River Road or download the applica- 5. Often an on-site visit is helpful for tion from the River Center’s website at 3. Once the application is received, it is dis- River Center permit issuers. This is www.kenairivercenter.org. You may tributed to the agencies that may be re- an opportunity for applicants to get a also submit your application online. sponsible for issuing a permit. Permitting first-hand assessment of development Visitors to the River Center will find agencies at the River Center are the Kenai requirements and to discuss the devel- the facility across from the Soldotna Peninsula Borough, the Alaska Depart- opment plan in detail. Airport on Funny River Road. You’ll ment of Fish and Game - Habitat Division, be given the appropriate application and Alaska State Parks (Kenai River pro- 6. When the applicant has all required form and additional instructions for jects). The U.S. Army Corps of Engineers permits in-hand then, and only then, completing it. – Kenai Field Office and the United States work may begin. Fish and Wildlife Service also receive a 2. Applications contain questions that copy. River Center personnel are available if you may be answered with a “check” in an need help preparing a permit application Can you say ‘Oncorhynchus kisutch’? (It’s a coho salmon.) Most adult coho salmon begin migrating to redds (nests) until they die. The eggs devel- What’s two-inches long, has parr their natal streams after spending only one op depending on water temperature. The marks (stripes) on its side, has a fully year in the ocean. They arrive instream in colder the water, the longer it takes for the speckled adipose fin, and has white early August with runs lasting well into win- eggs to develop. With our cold water tem- followed by black on the leading edg- ter. Once the coho spawn, the adults guard the peratures, the eggs generally hatch to the es of the anal and dorsal fin? It’s the alevin stage in December. The alevin button juvenile coho (silver) salmon, com- up (egg sacs diminish) normally in April or monly called a coho fry or fingerling. early May. The fry are now out of the grav- When identifying juvenile salmon it el and need to eat, so they seek the safety of takes a keen eye to determine the undercut riverbanks or lakes until they smolt species. Coho Fry and head to the ocean. Cont. next page

News of Alaska State Parks - Kenai Peninsula Elodea - Problem in Stormy Lake Bing’s gets a Lift Johnson Lake SRA Rebuild

Stormy Lake, in Captain Cook State Recreation The legislature appropriated $2 million dollars for The Johnson Lake State Recreation Area west Area, is closed to watercraft and aircraft due to Bing’s Landing. Funding will develop a new park- campground loop is currently closed while a the invasive aquatic plant species Elodea. ing area and access trails to the backline and help contractor rebuilds this popular campground. Elodea was found in Stormy Lake in September address conflicts with fishermen and park neigh- The project will rehabilitate the west loop of the 2012 and the closure is necessary to help stop bors. campground and develop new camp sites. this invasive plant species from spreading to other areas of the Kenai Peninsula. Additional Ranger on the Kenai New Humpy Creek Bridge

Repairs Completed at Anchor Point The legislature has funded a new park ranger Parks trail crews recently built a new bridge position for the Kenai River Special Management across Humpy Creek in Kachemak Bay State Sections of beach along Cook Inlet that were Area. Parks is in the process of filling this posi- Park. damaged by fall and winter storms at Anchor tion. River State Recreation area have been stabi- Compiled by Jack Blackwell, Superintendent lized with root wads this spring. Kenai Peninsula/Prince William Sound area.

29 The River Center 514 Funny River Road Phone: 907-714-2460 Fax: 907-260-5992

Oncorhynchus kisutch, Continued Successful freshwater coho production is Coho salmon cover a large area of their roads, and driveways. It’s estimated there often linked to the length of healthy freshwa- natal watershed during their two years in are approximately 200 of these culverts on ter shoreline habitat available. The shore- freshwater. An estimated 19% - 45% the Kenai Peninsula. lines act as a buffer to the waterbody. These (average 28%) of the Kenai River drainage little fish cannot fight the fast currents of the -wide juvenile coho rear in the Moose Coho salmon meet many challenges in rivers; therefore, they seek the protections of River for part of their freshwater life. their short four years of life. They must shorelines with slower currents. A healthy Coho tagged as juveniles in the Moose survive the challenges of gravel scouring riparian zone around a lake, river, or stream River have been recovered as spawning during floods, erosion and turbidity issues, consists of good shade and cool water, abun- adults throughout the drainage including predation, habitat degradation, migration dant woody and organic debris, abundant systems such as the Russian, Funny, and blockage, and pollution to complete their vegetation, and roots to protect and stabilize Snow Rivers (ADF&G Sportfish study life cycle. (Only 1% of the eggs laid sur- the bank. This is especially important for 1992 – 2007). vive to return as spawners.) The next time coho as they generally spend two years rear- you observe an adult coho salmon, think ing in fresh waters before migrating to the Invasive Northern pike and juvenile coho about all the obstacles it overcame and the ocean. If vegetation is cleared from the salmon have overlapping habitat require- miles it traveled to spawn or to grace your banks they may collapse, eliminating shelter ments which make coho very susceptible dinner table. for the fry, causing erosion, turbidity, higher to pike predation. They both like slow temperature, and reducing their food supply moving waters surrounded by grassy Patti Berkhahn is a Habitat Biologist with - macroinvertebrates. banks. Think about the Moose River and the Alaska Department of Fish and Game all the coho living there; a pike invasion to at the River Center Coho salmon are the most widely distributed that system would be catastrophic to the

salmon on the Kenai Peninsula. They are Kenai River coho runs. found rearing in places where other juvenile salmon aren’t found. For example, they can Improperly installed culverts are another be found during the summer months in the threat to juvenile coho salmon. Since smallest tributaries in the watersheds. These coho rear throughout the watersheds, they streams may only be a foot wide and several face the daunting task of navigating inches deep; they may even dry up in the through perched, steep culverts with fast Becoming Outdoors Women group and their winter. Yet coho thrive in these streams flowing water. Many of these culverts cut coho catch—ADF&G seasonally which are rich in nutrients and off miles of rearing or spawning habitat loaded with macroinvertebrates. for salmon. These culverts are located on major highways, side roads, abandoned Oncorhynchus kisutch is pronounced ‘uncle rhine-cus key-such’)

About Us We make house calls The Kenai Peninsula Borough’s Donald E. Gilman River Center is a multi-agency permitting, River Center personnel are available to help information and education center. We work cooperatively to protect water bodies, water- property owners near waterbodies make deci- sheds and the fish and wildlife resources that depend on them. sions about construction plans. If your project calls for constructing access to a water body or Agencies include: Department of Natural Resources, Alaska State Parks, Kenai Peninsula restoring a river bank we can help. We can guide Borough and Alaska Department of Fish and Game – Habitat Division. Permits authorizing you through the permit process and provide infor- work in waterbodies, in the borough’s Habitat Protection District and within floodplains may mation and tips on the best, least costly means to be obtained at the River Center. preserve and protect your valuable waterfront property. River Center is located at mile 1.6 on Funny River Road in Soldotna, Alaska. Office hours are 8:00am to 5:00pm, Monday-Friday except holidays.

30 Introduced by: Mayor Date: 08/20/13 Hearing: 09/17/13 Action: Vote:

KENAI PENINSULA BOROUGH ORDINANCE 2013-19-16

AN ORDINANCE ACCEPTING AND APPROPRIATING $23,693 FROM THE STATE OF ALASKA DEPARTMENT OF MILITARY AND VETERANS AFFAIRS, DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT TO SUPPORT THE ACTIVITIES OF THE KENAI PENINSULA BOROUGH LOCAL EMERGENCY PLANNING COMMITTEE

1 WHEREAS, the Kenai Peninsula Borough established the Local Emergency Planning 2 Committee (LEPC) to meet requirements of the Emergency Planning and 3 Community Right-To-Know Act; and

4 WHEREAS, the LEPC membership consists of private individuals, public entities and industry 5 representatives who serve as a public education and information source for 6 disaster preparedness throughout the borough; and

7 WHEREAS, the Alaska Department of Military and Veterans Affairs, Division of Homeland 8 Security and Emergency Management, has provided fiscal year 2014 baseline 9 funding in the amount of $23,693 to support LEPC activities; and

10 WHEREAS, the $23,693 will be used for support services, supplies, and equipment purchases 11 for the LEPC; and

12 WHEREAS, the borough's Office of Emergency Management will administer the grant on 13 behalf of the LEPC for the purposes stated above;

14 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI 15 PENINSULA BOROUGH:

Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2013-19-16 Page 1 of2 31 1 SECTION 1. That the mayor is authorized to accept the $23,693 grant from the State of Alaska 2 Department of Military and Veterans Affairs, Division of Homeland Security and 3 Emergency Management.

4 SECTION 2. That the grant funds in the amount of $23,693 are hereby appropriated to Account 5 No. 271.91120.LEP14.49999- Project Account.

6 SECTION 3. That the mayor is authorized to execute a grant agreement and any other 7 documents deemed necessary to accept and expend the grant, and to fulfill the 8 intents and purposes of this ordinance.

9 SECTION 4. This ordinance shall become effective immediately upon its enactment.

10 ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS * 11 DAY OF* 2013.

Linda Murphy, Assembly President ATTEST:

Johni Blankenship, MMC, Borough Clerk

Yes:

No:

Absent:

Ordinance 2013-19-16 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 2 of2 32 KENAI PENINSULA BOROUGH Office of Emergency Management 253 Wilson Lane • Soldotna, Alaska 99669-7932 Phone: (907) 262-4910 • 1-800-478-4441 #4910 • Fax: (907) 714-2395 www.borough.kenai.ak.us

MEMORANDUM MIKE NAVARRE BOROUGH MAYOR

TO: Linda Murphy, Assembly President Kenai Peninsula Borough Assembly Members ~ THRU: Mike Navarre, Mayor f'/ Craig Chapman, Finance Director C..-~~ Brenda Ahlberg, Community & Fiscal Pro~er

FROM: Scott Walden, Emergency Management Director \:Jt:u~

DATE: August 8, 2013

SUBJECT: Ordinance 2013-19-\ \? , accepting and appropriating $23,693.00 from the Alaska Division ofHomeland Security and Emergency Management to support the activities of the Kenai Peninsula Borough Local Emergency Planning Committee

The Alaska Division of Homeland Security and Emergency Management (ADHS&EM) provides annual grants to each Local Emergency Planning Committee (LEPC) in Alaska. For fiscal year 2014, the State Emergency Response Commission approved baseline funding of$23,693.00 for the Kenai Peninsula Borough LEPC. Funds may be used for LEPC activities such as planning, support services, supplies, and equipment expenditures.

Upon enactment, the Office of Emergency Management (OEM) will administer the grant on behalf of the LEPC. OEM provides the support staff and supplies needed by LEPC for its operations. LEPC grant funds will be used to offset a portion of OEM operational costs directly associated with LEPC activities.

Scott Walden, Emergency Management Director, will be the project manager for the grant award. Performance period ends June 30, 2014.

Attachments: award notification letter

FINANCE DEPARTMENT ACCOUNT VERIFIED

Acct. No. @71. 'f II ;;2.0 • L£ Pli.f. L.fq1'19 Amount ~/8 By: (X< Date: 2/f.p J!3

33 Department of Military and THE STATE Veterans Affairs Division of Homeland Security and OJALASKA Emergency Management P.O. Box 5750 GOVERNOR SEAN PARNE·LL JBER, AK 99505-0800 Main: 907.428.7000 Fax: 907.428.7009 www.ready.alaska.gov July 26, 2013

The Honomble Mike Navarre, Mayor Kenai Peninsula Borough 144 N Binkley Street Soldotna, AK 99669

RE: 2014 Local Emergency Planning Committee Grant Agreement Number: 14LEPC-GR35602

. ! : .. ,: ....:·::'~·,, Dear Mayor Navarre: >· ·.. :. : ·. .:·., ·.'·. :. ·:- ·· ...... ·:. ':. ·~ ·~·~·: · .. .'··.I . . . • . ~~;=f!~~~~•t•m~t~vedfundsftmnfue The State Emergency ResP.ii,:~,S.~. :q~J.Vmi~~!~~J · Q):f:~#&.~~::.qq~We_e.··:aft.moy~ the State Fiscal Year (SFY) 2014 Baseline Awar,d~o(,$23~69.~~'Q~)x(Q. ..··· ,. 'Jt:P~~j,jla~Bqrc;>ugn'!L:Er.C. The SERC Finance

... •': ',' •

'itlere~m··;· .. iiwaren~~s'.iof·and':- lliot"tlhenucai:a\lii.'aii~h~ards ~ventS: arid.hel .n communities g <·.·.·.··.;c.;.·.····.··.····P.;.;"liUiliin:·..... , ... J~.~· ...... , ... ,... ,... ·· .... ,..-. ... ,, .., .. , ,,,,.·.. ·..... ·.·'·· ... Jll;r,:g prepare and~~ti~~t~,tbrqugq·:,~~i~-~::~d·pregai.~rss::~~~p&ential·e.Y.«mts .. ,. ·' .. ·: ·f, ·. ~ i '· ~. ~. ::.:.<·::.;::.:: . . ··\'•.'\ ...:·~ .. ·· ...... c-g:,::.. ·i.!~ . "· ··.:.. ; . ·y ·~ Additional guidance-i!ild eligible a~~iv,iti.e.s 'l!l'~:availab~'the Local Emergency Planning Commit!~~ Grd'!t. .•. · Program Guidance document avai~abl~ o1i"J)l:{~~EM's website, http://ready.alaska.gov/grants.htm. The abov~:·' t•, categories are not all inclusive. ! .. ··.< · .. ·. ·:. ··.>' &:'1 · -:. . (: ,. ' <~~ .

Two pre-signed SFY 2014 LEfC' bt>liga~~ .A~:~ Documents and a Project Budget Detail Report are ,. :; ·, \.:,. ! <·.·~~{~q enclosed. Please review the itifqp:nation for acpuracy and sign the obligating documents, keep one original for '>, · · ; •·.~ .; ·. your records, an~!:,~~ the (\tAer original within 30 day.s to: 31-t. ' ' i i. < • ~: '>' '''-/'•' ~:~=st!'!!:cyPointofContact -/'!13 ,f.:!~\·';:',·< PO Box 5750 ~ Received \ ~ lt.! AU"' 1' .a JBER, AK 99505 N · 0 2013 # S ~ kPs - ~ Maror'g Olfli 9 ~ 0$ tl!.t:IJ ;tc:~-·"''"~ 34 Mayor Navarre July 26, 2013 Page2of2

If the Obligating Award Document cannot be returned within 30 days due to local jurisdiction policies, a Notice of Intent to Accept Grant Award fonn may be requested. If needed, electronic payment enrolhnent forms are also available upon request.

If signatory points of contact have changed since submittal of the SFY 2014 application, please complete and return a LEPC Signatory Authority Form with the signed Obligating Award Document. The LEPC Signatory Authority Form is available at DHS&EM's website, http://ready.alaska.gov/grants.htm.

If you have questions or need further assistance, please contact the Division Project Manager for this grant, Mariel Fonteyn, at 907-428-7024, 800-478-2337, or by email at [email protected].

Sincerely,

jwm:maftdp

Enclosures: Obligating Award Document (2 copies) Project Budget Details Report

CC: Ron Rogalsky, LEPC Chair Scott Walden, Jurisdiction Project Manager Craig C. Chapman, Jurisdiction Chief Financial Officer

35 Introduced by: Mayor Date: 08/20/13 Hearing: 09/17/13 Action: Vote:

KENAI PENINSULA BOROUGH ORDINANCE 2013-19-17

AN ORDINANCE APPROPRIATING $125,000 RECEIVED FROM THE CITY OF KENAI FOR THE KENAI CENTRAL HIGH SCHOOL TRACK AND FIELD PROJECT

1 WHEREAS, Ordinance 2012-19-09 appropriated $3,100,000 from the State of Alaska for track 2 and field improvements at Kenai Central and Soldotna High Schools; and

3 WHEREAS, the Kenai Central High School (KCHS) project included replacement of the track, 4 football/soccer field, long jump and highjump areas; and

5 WHEREAS, the City of Kenai agreed to provide $125,000 in funding for the KCHS track and field 6 improvement project;

7 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI 8 PENINSULA BOROUGH:

9 SECTION 1. That the $125,000 received from the City of Kenai is appropriated to account 10 400.73020.13556.49101 for the KCHS track and field improvement project.

11 SECTION 2. That this ordinance takes effect immediately upon its enactment.

Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2013-19-17 Page 1 of2 36 1 ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS* DAY 2 OF* 2013.

Linda Murphy, Assembly President ATTEST:

Johni Blankenship, MMC, Borough Clerk

Yes:

No:

Absent:

Ordinance 2013-19-17 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 2 of2 37 KENAI PENINSULA BOROUGH 144 North Binkley Street • Soldotna, Alaska 99669-7520 Toll-free within the Borough: 1-800-478-4441 PHONE: (907) 262-4441 • FAX: (907) 262-1892 www. borough. kenai. ak. us

MIKE NAVARRE BOROUGH MAYOR MEMORANDUM

TO: Linda Murphy, Assembly President Members, Kenai Peninsula Borough Assembly

THRU: Mike Navarre, Mayor rf'Y

FROM: " Crai~ Chapman, ~inance. Direct?rd t4f-: 1 ~· Kevm Lyon, Cap1tal Projects Drrector ·-'f~- A..Y Mark Fowler, Purchasing and Contracting 6irecto~~

DATE: August 8, 2013

SUBJECT: Ordinance 2013-19-\1, appropriating $125,000 received from the City of Kenai for the Kenai Central High School Track and Field Improvement Project

Ordinance 2012-19-09 appropriated $3,100,000 from the State of Alaska for track and field improvements at Kenai Central and Soldotna High Schools.

As part ofthe Kenai Central High School project, the City of Kenai agreed to provide $125,000 in cash for the project. The City also agreed to provide project management services valued at $125,000 for the project.

This ordinance would appropriate the $125,000 in cash that will be received from the City of Kenai.

FINANCE DEPARTMENT ACCOUNT I FUNDS VERIFIED

Acct. No. '-/Do· 7 30 OlO. 1.3 SS(c 'f Cf l 0 l

Amount N/AI

By: -----Pp!.!oic.....____ _ Date: 'i'/7 /13

38 "Vt'!l~e with a Pas~ City with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~,-,,o,..~J. Telephone: 907-283-7535 I FAX: 907-283-3014 1 1 1992 MEMO:

TO: Terry Eubank, Finance Director

/J~ FROM: Rick Koch, City Manager r UDATE: July 31, 2013 SUBJECT: KCHS Track & Field Reconstruction

The purpose of this correspondence is to request that the City of Kenai transmit $125,000 to the Kenai Peninsula Borough as the City's contribution to the above referenced project.

This funding was allocated from a $4 million appropriation received from the State of Alaska, and in turn appropriated to this project b y the Kenai City Council.

Thank you for your attention in this matter.

------·', y.·'Jij~~ -/" .. ~!{;.~;~~~

39 Introduced by: Mayor Date: 08/20/13 Hearing: 09/17/13 Action: Vote:

KENAI PENINSULA BOROUGH ORDINANCE 2013-30

AN ORDINANCE AUTHORIZING THE ASSESSOR TO ACCEPT THE LATE-FILED SENIOR EXEMPTION APPLICATION OF LEONA BROKER FOR 2012, FILED AFTER MARCH 31

1 WHEREAS, KPB 5.12.105(E) provides that an application for a senior exemption must be 2 filed by February 15 of the year for which the exemption is sought; and

3 WHEREAS, in accordance with AS 29.45.030(f) and KPB 5.12.105(E) the assembly may, for 4 good cause shown, waive the claimant's failure to make timely application and 5 authorize the assessor to accept the application as if timely filed; and

6 WHEREAS, in accordance with KPB 5.12.105(E)(5) if an otherwise qualified claimant is 7 unable to comply with the March 31 deadline for filing an application, and the 8 inability to comply is caused by a serious condition or extraordinary event beyond 9 the taxpayer's control, the assembly may, by ordinance, waive the claimant's 10 failure to file the application by such date, and authorize the assessor to accept the 11 application as if timely filed; and

12 WHEREAS, the property that is the subject of this ordinance had received a senior exemption 13 since 2006; and

14 WHEREAS, once her application was accepted in 2006, Ms. Broker has automatically 15 qualified for the senior exemption in subsequent years, and she has not changed 16 her permanent place of abode at any time since 2006; and

17 WHEREAS, the property owner was in hospice care from October 11, 2011 to February 24, 18 ·2012; and

Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2013-30 Page 1 of3 40 1 WHEREAS, during this period of time the assessing department received a change of mailing 2 address for the property owner from the post office which, in accordance with 3 department policy, prompted the senior exemption to be rescinded for 2012; and

4 WHEREAS, the property owner claims not to have received the mailed inquiry from the 5 assessing department regarding the change of mailing address and 30 day notice 6 of exemption removal, nor the subsequent notice of assessment before March 31, 7 2012;and

8 WHEREAS, the property was not leased or rented to another at any time during 2011 or 2012; 9 and

10 WHEREAS, based upon the facts and assertions set forth above the property should have 11 qualified for a senior exemption for 2012;

12 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI 13 PENINSULA BOROUGH:

14 SECTION 1. Upon reviewing Leona Broker's application and affidavit submitted with this 15 ordinance, the assembly hereby waives the March 31, 2012 deadline for filing an 16 application for a senior exemption application based upon a finding that Ms. 17 Broker was unable to comply with that deadline due to a serious condition or 18 extraordinary event beyond her control.

19 SECTION 2. That the assessor shall process the application in accordance with standard 20 assessing department procedures for processing such applications.

21 SECTION 3. That this ordinance takes effect immediately upon its enactment.

Ordinance 2013-30 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 2 of3 41 1 ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS* 2 DAY OF* 2002.

Linda Murphy, Assembly President ATTEST:

Johni Blankenship, MMC, Borough Clerk

Yes:

No:

Absent:

Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2013-30 Page 3 of3 42 KENAI PENINSULA BOROUGH Assessing Department 144 North Binkley Street • Soldotna, Alaska 99669-7520 Toll-free within the Borough: 1-800-478-4441, Ext. 2230 PHONE: (907) 714-2230 • FAX: (907) 714-2393

...... ~ www.borouah.kenai.ak.us MIKE NAVARRE BOROUGH MAYOR MEMORANDUM

TO: Linda Murphy, Assembly President Kenai Peninsula Borough Assembly Members ~

THRU: Mike Navarre, Kenai Peninsula Borough Mayor f\.7 FROM: Tom Anderson, Borough Assessor~

DATE: August 8, 2013

SUBJECT: Ordinance 2013-10 authorizing the assessor to accept the late-filed senior exemption application of Leona Broker for 2012, filed after March 31

Leona Broker requests that the assembly waive her filing deadline for 2012 and authorize the assessor to accept her application filed after March 31, 2012 as if timely filed.

AS 29.45.030 (f) and KPB 5.12.105 allow the assembly to waive the filing deadline after February 15 and before March 31, for good cause shown. After March 31, the assembly may waive an applicant's j failure to file, by ordinance, in accordance with KPB 5.12.1 05(E)(5):

If an otherwise qualified claimant is unable to comply with the March 31 deadline for filing an application, the assembly may, by ordinance, waive the claimant's failure to file the application by such date, and authorize the Assessor to accept the application as if timely filed. For purposes of this subsection, an inability to comply must be caused by a serious condition or extraordinary event beyond the taxpayer's control ...

Ms. Broker's property first qualified for a senior exemption in 2006, and after that initial approval she was not required to file an application for subsequent years. She was in hospice care from October 11, 2011 to February 24, 2012, and during this period of time the assessing department received notice from the post office that her mailing address had changed. In accordance with department policy, assessing staff mailed Ms. Broker a notice that, due to the change of mailing address, her senior exemption would be rescinded if she did not respond within 30 days, which she did not. Notice of assessment was mailed at the end of March, 2012, also with no response.

The property was not leased or rented to a third party at any time, and Ms. Broker claims not to have received either the 30 day notice of exemption removal or the notice of assessment.

Based upon the facts and circumstances presented above, it appears that the property should have continued to qualify for a senior exemption for the 2012 assessment year. The assembly's enactment of this ordinance will allow the assessor to accept a 2012 exemption application from Ms. Broker as if timely filed.

43 RECEIVED 2012... 2 2 SENIOR CITIZEN EXEMPTIONJUL 2013 DUE ON OR BEFORE FEBRUARY 15TH OF THE EXEM~~~~~ING DEPT. APPLICANTS MUST BE AGE 65 ON OR BEFORE DECEMBER 31 OF THE PRECEDING YEAR. Proof of age is required prior to application approval.

Assessor's Parcel Number: 059-100-47 Legal Description: T 5N R 10W SEC 29 Seward Meridian KN 0780117 ADAMSON Physical Address: 284 ADAMSON CT RESUB LOT 5-D BLK 1

1 1 lil'l'l'•l•llllrh1'1 i•h 1•nld•lhllll"fllhl''l'llllhll'll Applicant's date of birth: ..:_f./I '1 / ;{ 8' BROKER LEONA E PO BOX 2743 Applicant's SSN: ..! SOLDOTNA AK 99669-27 43

Home Phone: 0?00--,3~~ 7 ?Pz- Spouse's nam( U)l D 0 uJ) Cell Phone: ql) 7 -.__1 icf -3_;;1,31 Spouse's date of birth: I am applying as a:

0 Senior age 65 and spouse ~Individual age 65 or older D Surviving Spouse age 60 or older Dwelling type: Is any portion of this property used for: JrSingle Family OMulti-Family Dwelling Commercial Use? oYes ~0 OMobile Home oother Rental Purposes? oYes fi(No OCondominium Explain: Is occupancy shared with someone other than your spouse and I or minor children? DYes .No If yes, when did shared occupancy begin? What portion of the home do they occupy? If live-in care is medically necessary, attach letter from a physician recommending need for live-in care. Do you or your spouse own property in another borough or state Please list your other property address, city, & state DYes l)f No If yes, does the property receive exemption? 0 Yes 0 No Alaska Permanent Fund Eligibility 'Z<>II Did you receive a 29-tS Alaska Permanent Fund Dividend? *Yes 0 No ZOIZ. Will you qualify for a~ Alaska Permanent Fund Dividend? if Yes 0 No "ZZI3 Will you or have you applied for the 2&1-4-Aiaska Permanent Fund Dividend? .l1 Yes 0 No If you answered "No" to any of the PFD questions, you must also complete the KPB Supplemental Form #1 (available at the Assessing department or on-line).

I CERTIFY: This property is my primary residence and permanent place of abode. I will occupy it for a minimum of 185 days prior to each year in which I receive exemption. The property is not used for non-residential, temporary or vacation purposes, and Is my true and fixed permanent residence. I hereby certify that the information I am supplying. on and with this form is TRUE and CORRECT to the best of my knowledge. I understand that willful misrepresentation is punishable by (1) forfeiture of the exemption for that year, and (2) imposition of a civil fine of up to $1,000 for each violation: and (3) loss of el~ibility to receive the next five years' exemptions .. / . 11 '1 , /. · j J£oNf± £ [}r(1~)ibJ 1/A:A_/.3 PRINT oR TYPE owNERNAME SIGNATURE r DATE ****ASSESSOR'S USE ONLY**** NEW FILING OCCUPANCY AGE FULL I VARIABLE APPROVED ENTERED BY

PRIOR FILING OWNERSHIP PERM FUND CONTIG DENIED revised 5/2013

44 AFFIDAVIT OF --+k=-:-.lo-:L717<-<-..L.JoCL-..::..;;;;;;_~"~B;.;_t_v~..;;_()~/<.....,eo:::;..:_r_ {Senior Citizen or Disabled Veteran Name} AND APPLICATION FOR APPROVAL OF LATE FILING FOR SENIOR CITIZEN AND/OR DISABLED VETERAN

This Application is made Pursuant to AS. 29.45.030 Required ExemQtions and KPB Code 5.12.1 05. Real Property Tax-Exemptions - Senior Citizens, Disabled Veterans and surviving spouses thereof.

Failure to meet the filing deadline is based on the following good cause: (Absent extraordinary circumstances, a mere failure to pick up or read mail or to make arrangements for an appropriate and responsible person to pick up and read mail or a failure to provide a current address to the Department of.Assessing will not be deemed good cause).

D Extended travel out of state

~Medical condition

D Health related conditions

D Family medical needs or emergencies

D Other similar causes that reasonably prevented the applicant from timely filing -' QR-okf: t+c {2- tJ~sf r+ttl r-zED fOr:z- &Jt1)f" IYJCJ!Jth ±/rEA) Ill) t}Et?t77fGE 1?/.-trcE. Fog___ S~r \I. .111oN'T7-/;s 1(;~!/l)reitJS(U£ ~ 'cr --;--h E~P '{ - UJ titS £X Tie £i!!1 f£_ '=-1, __::;::. L L <¥-- Qo u...J... o (l)cJ7--!-eA.J 0 7D FURTHER AFFIANT SAITH NAUGHT. .-?1 Itt ~re-- oJ(L t4;'-f y·Th' ttX:O.

Dated at ~~ , Alaska, this)') day of r;;~J,. 2013. ()9 ,

~~-fu_(Senior Citizen a d/or D1sabled Veteran Signature)

SUBSCR:~,:~.~ORNTO before methi&~f.yof cULt"' ,2013.

OFFICII\L SEAI..·KA· ~(j~S''fATC: OF ALAS . SUE ELLEN ESSERT NOTARY PU~LIC otary Public, State of Alas ~ /' n . · M~· c,~!:'... m .••exp.: With Offlc~ My Commission Expires: ~ ~~· ~. .. . --->..r=-+-"""-"f'--1--~ ****************************************************************************************************************

(Exemption applications submitted for consideration for late~file acceptance will be forwarded to the Assembly from the 1 Mayor's Office. This form is valid for applications submitted from February 16 h through March 31st only.).

ASSEMBLY ACTION: APPROVAL ______DENIAL. ____

S:IGUZMAN\forms\Late File Waiver Affidavit SR VET.doc (Revised 1/2013)

45 Introduced by: Mayor Date: 08/20/13 Hearing: 09/17/13 Action: Vote:

KENAI PENINSULA BOROUGH ORDINANCE 2013-31

AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SUBLEASE AND OPERATING AGREEMENT WITH SOUTH PENINSULA HOSPITAL, INC. FOR SOUTH PENINSULA HOSPITAL AND OTHER MEDICAL FACILITIES

1 WHEREAS, the South Peninsula Hospital is presently operated by South Peninsula Hospital, 2 Inc., a private nonprofit corporation ("SPHI") under a Sublease and Operating 3 Agreement for a period ending December 31, 2013; and

4 WHEREAS, the existing contract, as amended, provides for an automatic six-year extension 5 unless either party notifies the other of its intent to renegotiate the Agreement on 6 or before April 1, 2013; and

7 WHEREAS, the borough administration provided such notice in a timely manner and 8 representatives of the borough and SPHI have negotiated a new proposed 9 Sublease and Operating Agreement; and

10 WHEREAS, at its meeting of August 28, 2013, SPHI board of directors recommended 11 ; and

12 WHEREAS, at its meeting of ______the South Kenai Peninsula Hospital Service

13 Area Board recommended ------

14 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI 15 PENINSULA BOROUGH:

Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2013-31 Page 1 of3 46 1 SECTION 1. Pursuant to KPB 17.10.120(D) the assembly finds that subleasing the South 2 Peninsula Hospital and associated medical facilities to SPHI, for less than fair 3 market value is in the best public interest because SPHI has operated the hospital 4 under the existing and previous agreements, and due to its knowledge and 5 experience is best suited to continue doing so, and, unlike a traditional facility 6 lease, all revenues generated through the agreement remain borough property 7 under the proposed agreement. Notwithstanding 17.10.120(D)(3) the time period 8 for accepting an offer is waived as negotiations have been ongoing between the 9 parties and they have a long-standing existing lease agreement.

10 SECTION 2. The Sublease and Operating Agreement draft, dated ______, to be 11 entered between SPHI and the Kenai Peninsula Borough on behalf of the South 12 Kenai Peninsula Hospital Service Area, a copy of which is attached and 13 incorporated herein by reference, is approved. The mayor is authorized to execute 14 a Sublease and Operating Agreement that substantially complies with the terms of 15 the approved draft and to take such actions as are necessary to implement its 16 terms and conditions.

17 SECTION 3. The provisions of KPB 17.10.240, containing general terms and conditions for 18 standard borough leases, shall not apply to this sublease and operating agreement.

19 SECTION 4. This ordinance shall take effect immediately upon its enactment.

20 ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS* 21 DAY OF * 2013.

Linda Murphy, Assembly President ATTEST:

Johni Blankenship, MMC, Borough Clerk

Ordinance 2013-31 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 2 of3 47 Yes: No: Absent:

Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2013-31 Page 3 of3 48 KENAI PENINSULA BOROUGH 144 North Binkley Street • Soldotna, Alaska 99669-7520 Toll-free within the Borough: 1-800-478-4441 PHONE: (907) 262-4441 • FAX: (907) 262-1892 www. borough. kenai.ak. us

MIKE NAVARRE BOROUGH MAYOR MEMORANDUM

TO: Linda Murphy, Assembly President Members, Kenai Peninsula Borough Assembly

THRU: Mike Navarre, Mayor eB- FROM: ~e G. Thompson, Borough Attorney

DATE: August 8, 2013

SUBJECT: Ordinance 2013- 3 I , authorizing the Mayor to execute a sublease and operating agreement with South Peninsula Hospital, Inc. for South Peninsula Hospital and other medical facilities

The borough administration and representatives of South Peninsula Hospital, Inc. ("SPHI") have negotiated a proposed new sublease and operating agreement for South Peninsula Hospital and associated medical facilities. The agreement will be considered by the SPHI Board of Directors at its August 28, 2013, meeting and by the South Kenai Peninsula Hospital Service Area Board at its next meeting. Copies of the resolution, the agreement and an explanatory memo will promptly be provided to the Borough Assembly and the City of Homer.

Your consideration of this ordinance and the agreement is appreciated.

49 KENAI PENINSULA BOROUGH 144 North Binkley Street • Soldotna, Alaska 99669-7520 Toll-free within the Borough: 1-800-478-4441 PHONE: (907) 262-4441 • FAX: (907) 262-1892 www.borough.kenai.ak.us MIKE NAVARRE BOROUGH MAYOR MEMORANDUM

TO: Linda Murphy, Assembly President Members, Kenai Peninsula Borough Assembly THRU: Mike Navarre, Mayoii(: 0., y /A, J.), FROM: Colette Thompson, Borough Attorney ~

COPY: Judith Lund, Chair, SKPHSA Board Julie Woodworth, President, SPHI Robert Letson, CEO, SPHI

DATE: September 6, 2013

SUBJECT: Ordinance 2013-31, authorizing the Mayor to execute a Sublease and Operating Agreement with South Peninsula Hospital, Inc.

Attached is the new proposed Sublease and Operating Agreement for the South Peninsula Hospital and other medical facilities which was negotiated by borough administration and South Peninsula Hospital, Inc. (SPHI) officials. The SPHI Board of Directors approved this agreement at its meeting on August 28, 2013. The South Kenai Peninsula Hospital Service Area Board (SAB) is scheduled to consider it during its meeting on September 12, 2013, and its recommendation will be provided to the assembly.

This agreement is largely unchanged from the current agreement. It is for a term of six years and may be renewed for another six years. Newly acquired properties were added to the agreement which brings it up to date on the facilities leased or subleased to SPHI. Service area board consideration and assembly approval is still required of capital improvement projects and capital equipment purchases costing more than $100,000 where funds have not been appropriated. Separate approval of a capital project or equipment purchase is not required if the price is less than $250,000 and the funds have been appropriated. All such projects costing more than $250,000 must be considered by the SAB and approved by the assembly whether or not the funds have been appropriated. Paragraph 19 was changed to clarify insurance requirements.

If the assembly approves this new agreement we will present it to the Homer City Council for consent. The City owns the land under the hospital and leases it to the borough. It retains the right to consent to any sublease of that property. Your favorable consideration would be appreciated.

50 SUBLEASE AND OPERATING

AGREEMENT

SOUTH PENINSULA HOSPITAL

Effective January l, 2014

Approved by Kenai Peninsula Borough Assembly

Approved by South Peninsula Hospital, Inc. Board of Directors

2013 Sublease and Operating Agreement Page 1 of31

51 SOUTH PENINSULA HOSPITAL, INC. SUBLEASE AND OPERATING AGREEMENT

TABLE OF CONTENTS

1. PRIOR SUBLEASE/OPERATING AGREEMENT SUPERSEDED ...... 4 2. DESCRIPTION OF LEASED FACILITIES ...... 5 3. PROVISION OF SERVICES ...... 6 4. TERM ...... 7 5. LEASE PAYMENT ...... 7 6. NOTICES ...... 7 7. COMMUNICATIONS WITH BOROUGH ...... ;...... 8 8. UTILITIES ...... :.... 8 9. TAXES ...... 8 10. SUPPLIES, MATERIALS AND INVENTORY ...... 9 a. Use of Existing Supplies, Materials and Inventory ...... 9 b. Repair or Replacement ...... 9 c. Purchasing Procedures ...... 9 d. Disposal ...... 9 11. MAINTENANCE AND REPAIR ...... ;...... 10 a. Routine Repair ...... :.. 10 b. Major Repairs ...... 10 12. PROPERTY AND EQUIPMENT PURCHASES ...... 10 a. Purchases & Replacement ...... 10 b. Capital Improvements and Equipment...... 10 13. FINANCES ...... 12 a: Operating Revenue ...... 12 b. Plant/Equipment Replacement and Expansion Fund ...... 12 c. State of Alaska Grants or Revenue ...... ;.. 12 d. Service Area Revenues ...... 13 e. Debt Service ...... 13 f. Cash Management...... 13 14. OTHER REVENUE ...... 13 a. Gifts ...... 13 b. Grants or Financial Assistance from other Government Agencies ...... 13 15. PERFORMANCE MEASUREMENT ...... , ...... 14 a. Performance Standards ...... 14 b. SPHI Performance ...... 14 c. Strategic Plan ...... 15 d. Certification ...... 15 e. Staffing ...... 15 f. Chief Executive Officer or Management Contract ...... 16 g. Finances ...... 16 h. Pension Plan Funding ...... 16 i. Sub-standard Performance ...... :...... 17 16. SERVICE AREA BUDGET ...... 17 a. SPHI Budget Proposal ...... 17 b. Service Area Budget Proposal ...... 17 c. Service Area Final Budget ...... 17

2013 Sublease and Operating Agreement Page 2 of31

52 17. ACCOUNTING/ AUDIT /REPORTING ...... 18 a. Accounting ...... 18 b. Investment of Funds ...... 18 c. Audit ...... 18 18. RATES ...... ~ ...... :·· 18 19. INSURANCE ...... 18 a. Lessee/Operator's Insurance ...... 18 b. Borough Insurance ...... 19 c. Notice of Claims ...... 19 d. Extended Reporting Period or Tail Coverage ...... 19 20. RISK MANAGEMENT ...... 20 21. DESTRUCTION OF THE PREMISES ...... 20 22. LEVEL OF SERVICES AND OTHER BUSINESS ACTIVITIES ...... ;...... 20 a. Existing Level of Services ...... ,; ...... :.. 20 b. Expansion of Services/New Services ...... 20 c. Elimination of Services ...... 21 d. Disclosure of Other SPHI Business ...... 21 23. APPOINTMENTS TO THE MEDICAL STAFF ...... 21 24. NONDISCRIMINATION IN ADMISSIONS ...... 22 25. MEDICAL RECORDS ...... 22 26. OTHER GOVERNMENTAL ACCESS TO BOOKS AND RECORDS ...... ;...... 22 27. PUBLIC ACCESS ...... ;.. 23 a. Privileged or Confidential Information ...... 23 b. Board of Director Meetings ...... 24 c. Public Comment ...... 24 d. Notice of Meetings and Agenda ...... 24 e. Meetings Unrelated to This Agreement ...... 25 f. Records ...... 25 28. EMPLOYEES AND CONTRACTORS ...... 25 29. INSPECTION ...... 25 30. ASSIGNMENT AND SUBLEASING ...... 25 31. AMENDMENT ...... -...... 26 32. GOOD FAITH AND FAIR DEALING ...... 26 33. BREACH AND REMEDIES ...... 26 a. By Borough ...... 26 b. By SPH, Inc...... 26 34. TERMINATION ...... ~ ...... 26 35. SURRENDER ON TERMINATION ...... ,.. 27 36. FINAL ACCOUNTING ...... 27 37. SEVERABILITY ...... 27 38. SUCCESSORS AND ASSIGNS BOUND ...... 27 39. TIME OF THE ESSENCE ...... 27 40. WAIVER ...... 27 41. VENUE ...... 28 42. NO RIGHTS CONFERRED ...... 28 43. NON-COMPETITION ...... 28 44. CONTRACT ADMINISTRATION ...... :.. 28 45. INTEGRATION ...... 28

2013 Sublease and Operating Agreement Page 3 of31

53 SUBLEASE AND OPERATING AGREEMENT

THIS AGREEMENT is made and entered into on this _ day of ______, 2013, between the Kenai Peninsula Borough, an Alaska municipal corporation, hereinafter referred to as "Borough" or "KPB" or "Lessor," 144 N. Binkley Street, Soldotna, Alaska 99669, and South Peninsula Hospital, Inc., an Alaska nonprofit corporation, hereinafter referred to as "SPHI" or "Lessee/Operator," 4300 Bartlett Street, Homer, Alaska 99603.

WHEREAS, the Borough established and the voters approved the South Kenai Peninsula Hospital Service Area, hereinafter referred to as the "Service Area," to assure residents that hospital services would be provided within its boundaries; and.

WHEREAS, through tax levies within that service area the Borough has leased, constructed and acquired healthcare facilities located in Homer, Alaska to meet the needs of the residents; and

WHEREAS, the Borough provides for the operation of South Peninsula Hospital and other facilities, hereinafter referred to as "the Medical Facilities" through the South Kenai Peninsula Hospital Service Area, and

WHEREAS, the Medical Facilities have been administered by SPHI under a Sublease and Operating Agreement between the Borough and SPHI, which expires on December 31, 2013; and

WHEREAS, the Borough and SPHI desire to enter into a new agreement for the sublease and operation of the Medical Facilities and for SPHI, operating· as a non­ profit corporation, to operate the Medical Facilities for nonprofit hospital purposes, as that term is used in AS 29.45.030(a)(3), to ensure continued availability of the Medical Facilities to the Service Area residents, and for the provision of other health services and facilities, as authorized by KPB Ordinance 2013-31; and

WHEREAS, the parties agree that SPHI shall endeavor to operate the Medical Facilities on a self-supporting basis while preserving the same or a better level of service to the residents of the Service Area;

NOW THEREFORE, in consideration of mutual covenants contained herein the parties agree as follows:

1. PRIOR LEASE/OPERATING AGREEMENT SUPERSEDED. This Sublease and Operating Agreement ("Agreement") supersedes and replaces the Sublease and Operating Agreement effective on March 3, 2008, and all other prior agreements concerning the sublease of the property described in this Agreement or the operation and management of any or all of the Medical Facilities.

2013 Sublease and Operating Agreement Page 4 of31

54 2. DESCRIPTION OF LEASED FACILITIES. The Borough leases the following described property to SPH, Inc. (the Medical Facilities) for the term of this agreement and any extension thereof:

a. The South Peninsula Hospital and its grounds, located at 4300 Bartlett Street, Homer, Alaska, owned by the City of Homer, more particularly described as:

Tract A-1, South Peninsula Hospital Subdivision 2005 Addition, filed under Plat No. 2006-38 Homer Recording District, Third Judicial District, State of Alaska.

b. The following property and buildings owned by the Borough, more particularly described as:

Lots 3, 4, 5 and 6, Block 7; Lot 4, Block 8, Lot 6, Block 9, Fairview Subdivision Plat No. HM 56-2936 Volume 8, Page 196, Homer Recording District, Third Judicial District, State of Alaska.

c. The following leased property located at 4251 Bartlett Street, Homer, Alaska, owned by Mark Halpin and B. Isabel Halpin subject to the terms and conditions of the lease, more particularly described as:

L2-A Block 8 Fairview Subdivision Halpin Addition, according to Plat No. 2009-43, Homer Recording District, Third Judicial District, State of Alaska

d. 4,904 sq. ft. of office space located at 4136 Bartlett Street, Homer, Alaska 99603 subject to the terms and conditions of the lease, more particularly described as:

Lot 2-A, Block 5, Fairview Subdivision No. 11, as shown on Plat No. 85-28, Homer Recording District, Third Judicial District, State of Alaska.

e. Approximately 1,500 square feet of the office space located at 4117 Bartlett Street, Homer, Alaska 99603 subject to the terms and conditions of the lease, more particularly described as:

Lot 4, Block 10, Fairview Subdivision, as shown on Plat No. 56-2936, Homer Recording District, Third Judicial District, State of Alaska.

2013 Sublease and Operating Agreement Page 5 of31

55 f. 700 square feet office space located at 309 W. Fairview, Homer, Alaska 99603 subject to the terms and conditions of the lease, more particularly described as:

Lot 14 Block 4, Fairview Subdivision, as shown on Plat No. 56-2936, Homer Recording District, Third Judicial District, State of Alaska.

g. 3,780 square feet of office space and 3,225 square feet of basement office space both within the Kachemak Bay Professional Building, 4201 Bartlett Street, Homer, Alaska 99603 subject to the terms and conditions of the lease more particularly described as:

Lot 1-A Block 9, Fairview Subdivision 2003 Addition, as shown on Plat No. 2004-101, Homer Recording District, Third Judicial District, State of Alaska.

h. Such other Borough-owned or leased facilities, if any, as are authorized by the Borough pursuant to this Agreement for SPHI to lease and operate pursuant to this Agreement.

The Medical Facilities include all fixtures and appurtenances thereto as of the effective date of this Agreement or which may be added pursuant to this Agreement. The Parties acknowledge that the sublease of the portion of property owned by the City of Homer, described in subparagraph (a) above, to SPHI is subject to consent by the City of Homer, which consent may not be unreasonably withheld. The parties agree to cooperate in seeking such consent upon execution of this Agreement.

3. PROVISION OF SERVICES. SPHI agrees to operate and manage for the benefit of the Borough and the residents of the Service Area, the Medical Facilities described in this Agreement. SPHI agrees that so long as this Agreement is in effect it will continuously operate and manage the Medical Facilities as a duly licensed hospital, or healthcare facility, as applicable, under Alaska licensing laws and in accordance with all applicable state and federal laws, regulations and rules governing hospitals, skilled nursing and other facilities as applicable, and in accordance with the terms and conditions of this Agreement. In addition, SPHI may provide any other health service and operate any other health facility for the Service Area, to. the extent that such services and/or operations of other health facilities are authorized or otherwise approved in the manner provided in this Agreement. If authorized, these services may be provided either directly or by contract, and shall be provided in accordance with this Agreement and all applicable state and federal laws, regulations and rules governing such health services or health facilities. If SPHI enters into an exclusive provider contract with an independent contractor to be the exclusive provider of any program or service, then the contractor shall be required to comply with all applicable terms and conditions of this Agreement.

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56 4. TERM. This Agreement shall be in effect from the date of execution of this Agreement to and including December 31, 2019, unless terminated earlier in accordance with the provisions of this Agreement. By mutual agreement of the parties this Agreement may be extended for an additional period, not to exceed six years. If neither party has notified the other of its intent to renegotiate this Agreement before April1, 2019, then a six-year extension of the term of this Agreement shall be deemed to have been agreed upon. The terms of the agreement for the additional extension period shall remain the same as this Agreement, including the terms of· all amendments. If KPB or SPHI notifies the other of its intent to renegotiate this Agreement before April 1, 2019, the parties shall meet and diligently negotiate in good faith concerning a new or extended agreement. If agreement has not been reached before October 1, 2019, either party may proceed to terminate this Agreement pursuant to Paragraph 34.

5. LEASE PAYMENT. SPHI shall pay the Borough a lease payment in the sum of one dollar ($1.00) per year to lease the property described in this Agreement. Such payment shall be due in full within 10 days after the effective date of this Agreement, which shall be the date on which this Agreement is fully executed. If the Agreement is extended, full payment for the extended term shall be due and payable on the effective date of the extension.

6. NOTICES. All notices, reports or documents required or allowed to be given by one party to the other party to this Agreement shall be in writing and delivered personally or by depositing the same in the United States mail, postage prepaid, certified, return receipt requested, and addressed to the parties as hereinafter provided, or by facsimile transmission ("fax") with advance telephonic notice and a hard copy sent by first class mail:

FOR THE BOROUGH: FORSPHI Mayor President, Board of Directors Kenai Peninsula Borough SPHI 144 N. Binkley Street 4300 Bartlett Street Soldotna, AK 99669 Homer, AK 99603 Fax# (907) 714-2377 Fax# (907) 235-0253

Notice shall be effective upon the date of personal delivery or, if mailed, upon the date of delivery as shown by certified receipt, or, if sent via fax, upon the date of receipt of the fax. The Borough Mayor shall be responsible for forwarding any such notice, report or document to the Borough Assembly ("Assembly") or its designee, the South Kenai Peninsula Hospital Service Area Board ("SAB"), other interested Borough boards, Borough departments; or any other appropriate individual or agency for consideration or action. The President of SPHI shall be responsible for forwarding

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57 any such notice, report or document to the SPHI Board members, Chief.Executive Officer, or any other appropriate individual or agency for consideration or action. ·

7. COMMUNICATIONS WITH BOROUGH. The Lessee/Operator shall provide the following information to the Assembly, the Borough Mayor, the SAB Chair and the Borough Finance Director:

(a) Unapproved monthly financial reports shall be delivered within 30 days after the end of each month, which shall include a balance sheet, a statement of cash flow, an income statement, and operating statistics. Approved monthly finanCial reports including the above-described information shall be provided within 14 days of SPHI Board approval.

(b) Quarterly activity reports shall be delivered in writing and verbally within 60 days after the end of each calendar quarter. These reports shall include all the items included in the monthly financial reports, plus a statement of !;ignificant activities, issues and events occurring during the quarter and major planned events. A representative of SPHl shall also orally present the quarterly activity report to the SAB and then to the Borough Assembly.

(c) All required annual reports shall be delivered within 60 days after the end of the calendar year.

(d) SPHI must notify KPB of any changes in its Board membership or of the Board chair within 14 days of the change.

(e) Within 14 days of SPHI Board approval, SPHI shall either provide the SAB Chair and the Borough Contract Administrator with copies of minutes of each SPHI Board meeting or post them on the SPHI website in a manner that is accessible by the SAB Chair and Borough Contract Administrator. SPHI shall notify the SAB Chair and Borough Contract Administrator if the minutes will be posted on the website. ·

8. UTILITIES. The Lessee/Operator shall pay for the utilities necessary to operate the Medical Facilities, including, but not limited to: electricity, heat, water, sewer service, garbage collection, snow removal and sanding, and telephone service.

9. TAXES. SPHI shall be responsible for and shall pay before delinquency all governmental taxes, assessments, charges or liens assessed during the term of this Agreement against any leasehold interest or property of any kind or income or sales of any kind related to this Agreement, except primary real property leasehold interests or other real property comprising the Medical Facilities used exclusively for nonprofit hospital purposes within the meaning of AS 29.45.030(a)(3). The Borough acknowledges that SPHI will be entitled to property, income and sales tax exemptions to the extent allowed by law.

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58 10. SUPPLIES, MATERIALS AND INVENTORY.

a. Use of Existing Supplies, Materials and Inventory. During the term of this Agreement, all supplies, materials, and inventory located in or on the Medical Facilities shall be subject to the control, consumption, disposition and replacement by the Lessee/Operator for use in its operation and management of those facilities.

b. Repair or Replacement. Supplies, materials and inventory that need to be repaired or replaced will be repaired or replaced by the Lessee/Operator, at its expense, if necessary to the operation and management of the Medical Facilities. At the termination of this Agreement, replacement supplies, materials, and inventory shall remain the sole property of the Borough or its successors or assigns, if any.

c. Purchasing Procedures. All purchases made by the Lessee/Operator shall be made in accordance with SPHI corporate and operational policies related to purchasing that are in effect on the date of this Agreement, as identified in a Summary of Selected Purchasing Policies and Procedures provided by SPHI to the Borough Contract Administrator and attached hereto as Attachment A. The Lessee/Operator must obtain advance approval from the Borough Contract Administrator before modifying any of these corporate and operational policies, which approval will not be withheld unreasonably. Lessee/Operator is specifically authorized to purchase supplies, materials, equipment and inventory from any group purchasing organization approved in advance, on an annual basis, by the Borough Contract Administrator, provided such purchases are otherwise allowable in this Agreement, unless such approval is revoked in writing by the Borough with 90 days' notice. It is understood and agreed that exclusive service providers hired or contracted with by Lessee/Operator pursuant to this Agreement are not required to comply with this provision unless otherwise stated in the contract between the Lessee/Operator and the provider. Lessee/Operator, in accordance with existing business practice, agrees to communicate and cooperate with the Borough Purchasing and Contracting Officer on all purchases made that will require Assembly approval, and to follow ·applicable Borough Purchasing Code requirements.

d. Disposal. Disposal of any supplies, materials, and inventory that are owned by the Borough and that are surplus to the needs of the Medical Facilities shall be made in accordance with the Borough Code requirements for disposal of surplus property. Net proceeds from the sale of surplus property shall be returned to the entity that directly provided the funding for the property. Proceeds from the sale of items funded with gifts or grants shall be distributed in accordance with the donor's intent or grant requirements, as applicable. If the intent of a donor cannot be determined then proceeds shall be used by SPHI to operate the Medical Facilities.

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59 11. MAINTENANCE AND REP AIR.

a. Routine Repair. The Lessee/Operator shall be responsible for all routine maintenance and repair of the leased property, including the upkeep and maintenance of the walkways, roads and grounds.

b. Major Repairs. All major repairs to Borough owned Medical Facilities must be authorized by the Borough, subject to the appropriation and availability of funds. Such repairs may be made by the Lessee/Operator upon approval by the Borough. The Borough agrees to provide major repairs necessary to keep the leased property in good condition, subject to the availability and appropriation of funds. For purposes of this Agreement, major repairs are defined as repairs to· the Medical Facilities affecting the structural, mechanical or electrical systems or costing more than $10,000.

12. PROPERTY AND EQUIPMENT PURCHASES.

a. Purchases and Replacement. The Lessee/Operator shall be responsible for either requesting the Borough to purchase new equipment, improvements, fixtures, or property, or replacing Medical Facilities' property, improvements, fixtures and equipment itself, in a timely manner. The Lessee/Operator may replace such items at the end of either the projected or the actual useful life or to keep pace with evolving technology, following the purchasing procedures described in paragraph 10( c) of this Agreement and in accordance with the remaining applicable limitations and requirements of this Agreement. Subject to availability and appropriation of funds, the Borough may replace such items at its own expense, at the end of either the projected or the actual useful life or to keep pace with evolving technology. Such property, improvements, fixtures or equipment shall be owned by the Borough, subject to the leasehold interest of SPHI during the term of this Agreement.

b. Capital Improvements and Equipment.

1. For purposes of this Agreement, capital improvements include permanent facility improvements and expansions, and capital equipment includes equipment with an expected useful life of more than one year and costing more than the hospital defined capital limit which is currently $3,000. SPHI will promptly advise the Borough of any change in that amount. To the extent approved and appropriated by the Borough Assembly and the availability of funds, the Borough will provide capital improvements and capital equipment to the leased property necessary for the provision of services and functions to meet the needs of the residents of the Service Area. The Lessee/Operator may submit proposals for such capital improvements and capital

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60 equipment, either through the annual Service Area capital budget process, the fund described in paragraph 13(b) of this Agreement, or otherwise; and the Borough shall consider and respond to any such proposal in the normal course of business.

n. Prior to expending funds in excess of $100,000, regardless of the source of funds, for the purpose of analyzing and/or planning for capital improvement projects expected to cost in excess of $1.0 Million, the Lessee/Operator shall first notify and confer with the Borough Contract Administrator or his or her designee.

iii. All capital improvement projects expected to cost in· excess of $100,000, using funds not previously appropriated for that purpose, regardless of the funding source, must be approved by the Borough Assembly after consideration by the SAB. All capital improvement projects costing less than $250,000 using funds previously appropriated by the Borough Assembly for such purpose do not require additional Assembly approval. All such purchases shall be reported to the SAB and the Assembly within 30 days of the expenditure. All capital improvement projects costing $250,000 or more, regardless of the funding source, must be separately approved by the Assembly, whether or not funds have previously been appropriated.

iv. All equipment purchases, whether for capital equipment or other equipment, costing in excess of $100,000 using funds not previously appropriated for that purpose, regardless of the funding source, must be considered by the SAB and approved by ·the Borough Assembly. Equipment purchases costing less than $250,000 using funds previously appropriated by the Assembly for such purpose do not require additional Assembly approval. All such purchases shall be reported to the SAB and the Assembly within 30 days of the expenditure. All equipment purchases costing $250,000 or more, regardless of the funding source, must be separately approved by the Assembly, whether or· not funds have previously been appropriated. ·

v. All facility improvement/expansion projects shall be completed under the management of the Borough Capital Projects Director or SPHI personnel, as determined by mutual agreement of the parties. If the parties cannot agree, then the determination will be made by the Borough Capital Projects Director.

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61 c. At the termination of this Agreement, the Borough will retain ownership of all equipment, property, improvements, fixtures and capital improvements described herein.

13. FINANCES.

a. Operating Revenue. During the term of this Agreement, all revenue and cash collections from patients, third-party payers, including, but not limited to, Medicaid and Medicare, and all other sources billed and collected by SPHI, and arising out of or related to services rendered during the term of this Agreement, or any renewal or extensions thereto, including but not limited to lease or rental revenues, shall first be used by Lessee/Operator to pay the usual and customary expenses of operating the Medical Facilities leased and programs operated by SPHI for the Service Area pursuant to this Agreement, and the expenses of compliance with the terms and conditions of this Agreement. SPHI shall maintain an operating reserve of not more than ninety (90) days cash on hand ("the operating reserve amount"). For purposes of the operating reserve amount, "cash on hand" is calculated based on the "days cash on hand ratio" used in the health care industry. On a quarterly basis, SPHI shall transfer all accumulated revenues in excess of the operating reserve amount to the paragraph 13(b) fund. If accumulated revenues are less than the operating reserve amount at any time, then SPHI may transfer an amount from the paragraph 13(b) fund to its operating reserve to maintain the operating reserve amount, by SPHI Board action. The plant, replacement and expansion fund shall be managed by the Borough, invested with other Borough funds, and the interest earned on that fund will remain with the fund. In any event, all such revenue and cash collections may only be used for Service Area purposes allowed by law and as authorized pursuant to this Agreement.

b. Plant/Equipment Replacement and Expansion Fund. SPHI shall maintain a fund designated as a source of funds for major repairs, for replacement of Medical Facilities, improvements, fixtures, and equipment, for acquisition of new Hospital property, improvements, fixtures and equipment, and to replenish the operating reserves, as provided in paragraph 13(a), above. Except for purposes of replenishing the operating reserve and capital items approved by the Borough Assembly, SPHI shall not spend or transfer funds in excess of $100,000 per item from this designated fund without the prior approval of the Borough Assembly by ordinance. The SPHI Board must approve any transfer in to or out of this fund.

c. State of Alaska Grants or Revenue. With the assistance of SPHI the Borough may, depending on the availability of state funds, apply on an annual basis to the State of Alaska for state aid to municipalities for hospitals and skilled nursing facilities, and state municipal assistance funds or grants. The Borough shall request of the Assembly that any such funds received be used for the use and benefit of the Service Area.

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62 d. Service Area Revenues. Service Area revenues shall be used to support operations of the Service Area, including operational and capital support of Medical Facilities and programs operated by SPHI for the Service Area, and other services and projects approved by the Assembly, subject to the appropriation and availability of funds.

e. Debt Service. The Borough, or Service Area, shall be ultimately obligated to pay debt service due on any debt issued to finance the acquisition of more medical facilities, expansions of medical facilities and/or equipment, to the extent such debt is authorized by the Borough Assembly or its designee. For purposes of this Agreement, leases shall be considered debt obligations if they obligate the Borough, the Service Area, or SPHI for such debt incurred pursuant to its performance of this Agreement, for more than a one year period, or are in excess of $100,000. The Lessee/Operator must receive authorization from the Borough Assembly or. its designee prior to entering into any such debt obligation. This paragraph applies to both operating and capital leases as well as other debt incurred by SPHI to finance the acquisitions described above.

f. Cash Management All cash reserves in excess of the ninety (90) days cash on hand described in paragraph 13(a) shall be deposited and managed pursuant to the KPB Statement of Procedures For Deposit and Withdrawal of Funds or successor document, a copy of which is attached hereto as Attachment B and incorporated herein by reference.

14. OTHER REVENUE.

a. Gifts. In the event that contributions of money or property are made to the Lessee/Operator for the purchase of equipment or other articles specifically for use or location within the Service Area, the Lessee/Operator may accept such gifts on behalf of the Borough, and the Lessee/Operator shall comply with the wishes of the donor insofar as they are compatible with the operation of the Medical Facilities or programs operated by SPHI for the Service Area. Any expenditure in excess of $100,000 per item from a gift requires the approval of the Borough Assembly, and must be made in accordance with Borough purchasing code requirements. Lessee/Operator shall obtain approval from the Borough Contract Administrator before accepting any gifts other than cash for use on behalf of the Service Area projects managed by Lessee/Operator. It is agreed and understood that any gifts or charitable contributions received from South Peninsula Hospital Foundation, Inc., or its successor, must be used or expended in accordance with donor's intent, and are not the property of SPHI upon termination of this Agreement unless consistent with donor's intent. This subparagraph does not apply to government grants or other government financial assistance.

b. Grants or Financial Assistance from Other Government Agencies. The parties agree that in the event the Borough has received or makes application· for

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63 and receives financial assistance or grants of operating or capital funds from any government agency for Service Area activities administered by SPHI, other than state aid to municipalities for hospitals or for skilled nursing facilities or municipal assistance, the Lessee/Operator will abide by and fulfill the applicable operational assurances given by the Borough in its application for such financial assistance or grant; provided, however, that all applications for financial assistance or grants shall be approved by the Lessee/Operator before the submission thereof to a government agency. If SPHI materially breaches the terms of the grant agreement, as determined by the granting agency, the Borough, in its sole discretion, may determine such bre.ach to be a material breach of this Agreement. SPHI may apply for operational, capital or demonstration project grants independently and without notice to the Borough, if the grants are for $100,000 or less. SPHI shall provide the Borough Contract Administrator with advance notice of at least 10 days before submitting any operational, capital or demonstration project grant applications for in excess of $100,000. All capital projects are subject to the requirements of paragraph 12.b.iii.

15. PERFORMANCE MEASUREMENT.

a. Performance Standards. SPHI performance under this Agreement shall be measured against objective standards established by one or more organizations such as The Advisory Board Company, The Center for Medicare and Medicaid Services, The Alaska State Hospital and Nursing Home Association, The Alaska Small Hospital Performance Improvement Network, or The American Hospital Association. The performance standards against which SPHI performance will be measured will be set forth in the SPHI Strategic Plan.

b. SPHI Performance. SPHI will: 1. Establish a Board Orientation and Continuing. Education Program for all board members and provide an annual report to the Contract Administrator on compliance with the requirements of .the program. 2. Ensure compliance with the Medicare and Medicaid Conditions of Participation as determined through the state's licensing and certification processes. 3. Ensure that the Hospital complies with all quality measurement reporting requirements necessary to ensure full payment under all applicable Medicare and Medicaid programs. 4. Establish goals for the Hospital's Performance Improvement Program and metrics to measure progress toward those goals. An annual report on the Performance Improvement Program will be provided to the Contract Administrator. 5. Conduct an annual review of the Hospital's Corporate Compliance Program and include the results of that review in the annual report to the Contract Administrator.

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64 c. Strategic Plan. Within 12 months of the execution of this Agreement, SPHI shall prepare and present to the Borough Administration and SAB, for information purposes, a Strategic Plan containing, at a minimum, the following elements: • An overview of the Service Area. • Service area demographics. • Hospital utilization and market share information and plans. • Medical staff analysis. • Hospital analysis. • Financial results and trends. • South Peninsula Hospital strategy map. • South Peninsula Hospital planning calendar. • Mission, vision, values and competitive position • Key strategies. • Performance measurement • Orientation and Training Plan for SPHI Board

All amendments to the Strategic Plan shall be provided to the SAB and Borough Administration within thirty days of their approval by the SPHI Board. It is agreed and understood that elements of the Strategic Plan may be confidential proprietary information, the public disclosure of which could cause competitive harm to the Medical Facilities. Disclosure of this information to the SAB and Borough Administration shall not be construed to require their disclosure to the general public.

d. Certification. SPHI shall maintain State of Alaska certification of its operation of the Medical Facilities. Due to the critical need for maximum participation in the Medicare/Medicaid programs and the reliance on these programs as a critical source of revenue, SPHI shall maintain Critical Access Hospital status and shall review this status on an annual basis to determine whether this status continues to provide the best revenue structure for the Hospital. SPHI shall notify the Borough Contract Administrator of any change to this status within 14 days of the decision to change. In addition, SPHI shall strive to attain Joint Commission on Accreditation of Healthcare Organizations ("Joint Commission") or other similar accreditation status as part of its long-term strategic program, when it becomes financially feasible to do so.

e. Staffing. In order to help ensure fiscal responsibility and that the desired level of services are provided, SPHI shall diligently take all reasonable steps needed to ensure that it has adequate qualified management and staffing in place at all times to, at a minimum, successfully provide the level of services needed to operate a hospital of its capacity in accordance with industry standards. This staffing shall be consistent with the goals and objectives identified in the most recent Strategic Plan.

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65 Senior management staff shall consist of the Chief Executive Officer, Chief Financial Officer and Director of Patient Care Services, and SPHI shall notify the Borough within 14 days of any changes in these positions. SPHI shall diligently attempt to. fill any vacancies in any of these positions with a regular replacement as soon as possible by using every reasonable process and mechanism available. SPHI shall prepare and maintain a Senior Management Succession Plan and provide a copy of the plan to the Contract Administrator. In the event that SPHI is not successful in recruiting and hiring an appropriately qualified CEO, CFO or Director of Patient Care Services replacement within a commercially reasonable time, SPHI may utilize the services of an interim CEO, CFO or Director of Patient Care Services until an appropriately qualified replacement can be hired. SPHI shall not employ one individual to perform the duties of more than one senior management position. If a vacant senior management position has not been filled within six months, and SPHI has not filled the position with an interim replacement, the Borough Contract Administrator may require that SPHI utilize the services of a management or recruiting company to hire or provide an interim replacement until a regular replacement is hired. SPHI will report to the Borough Contract Administrator, at least monthly, on its progress in recruiting and hiring senior management replacements.

f. Chief Executive Officer or Management Contract. SPHI shall hire a Chief Executive Officer or shall enter into a contract for the management of the Hospital. The CEO contract shall comply with guidelines established by the American College of Health Care Executives. The provisions of the contract concerning compensation upon severance of the employment relationship shall not exceed the reasonable and customary amount paid to similar positions by similar publicly owned hospitals in Alaska and the Pacific Northwest. The term of the contract shall not exceed the term of this Agreement, unless the contract contains a clause that terminates the contract if and when this Agreement is terminated. A copy of the management contract or employment contract shall be provided to the Borough Contract Administrator immediately upon its execution.

g. Finances. SPHI shall at all times meet all applicable financial reporting requirements and, unless otherwise agreed by the Borough Finance Director, promptly provide all documentation requested as needed to satisfy financial reporting requirements, concerns regarding financial performance, concerns regarding any SPHI receipts and expenditures, and other financial issues that may arise in SPHI' s performance of this Agreement.

h. Pension Plan Funding. At the time of entering this Agreement SPHI has adopted a Defined Benefit Pension Plan for its employees. SPHI agrees to annually fund its obligations for the Pension Plan at least in the amount determined by the Plan Actuary to be the required minimum contribution necessary to adequately fund the plan, including interest on net pension obligation, and to provide to the Borough Finance Director, upon request, reasonable assurances that the Pension Plan is adequately funded and managed. SPHI shall maintain insurance coverage for the

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66 Plan through the Pension Benefit Guaranty Corporation. SPHI shall provide to the Borough Finance Director, on an annual basis, a copy of the IRS Form 5500 and associated schedules.

i. Sub-standard Performance. If the Borough Contract Administrator determines that any aspect of actual performance under this Agreement is consistently below standards established under this Agreement, within 60 days of notice from the Borough Contract Administrator the parties shall develop and SPHI shall implement a Specific Performance Improvement Plan approved by the Borough to correct the deficiency. The Specific Performance Improvement Plan shall specify the corrective action(s) to be taken and the time frame within which performance will be returned to established standards. In cases where the parties agree that the operating environment has changed to the point where a performance standard or standards are no longer appropriate, new or revised performance standards may be established. The parties may agree, in writing, to amend any provision of the Specific Performance Improvement Plan.

16. SERVICE AREA BUDGET.

a. SPHI Budget Proposal. SPHI shall prepare and submit a proposal to the SAB and the Borough Administration containing anticipated funding needs from service area funds for the medical facilities and programs operated by SPHI for the Service Area. The Borough shall notify SPHI in advance of the dates when the SPHI budget must be submitted to the Service Area Board and the Administration. SPHI shall assist as requested by the Borough Mayor in presenting the budget to the Administration and Assembly.

b. Service Area Budget Proposal. The Service Area Board shall prepare and submit a proposal to the Borough Administration for the annual Service Area budget, including debt service payment on the Hospital, or other Service Area property and equipment, property insurance, audit fees, and operating expenses of compliance with the Borough's duties under this agreement. SPHI may provide assistance at the request of the SAB. The SAB budget shall give preference to anticipated funding needs for the Medical Facilities and programs operated by SPHI for the Service Area pursuant to this Agreement. This shall include repairs, renovations or additions to those facilities. It is recognized that the Service Area Board budget proposal may not necessarily include all items recommended by SPHI and vice versa.

c. Service Area Final Budget. The Borough Administration shall review the Service Area operating and capital budget proposals, and adopt a Service Area budget, designating revenues available to fund Service Area capital expenditures and operations, and the mill rate necessary to fund the Service Area's portion of the budget. Subject to Assembly approval and the availability of funds, funding shall be provided by appropriation with preference for the operational and capital requirements

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67 of those facilities operated by SPHI as needed to ensure continued viable operations and the desired level of local public medical services, and the programs operated by SPHI for the Service Area, considering the cost of such services.

17. ACCOUNTING/AUDIT/REPORTING.

a. Accounting. SPHI shall account for all financial transactions involving Service Area funds and all other funds received from the operation of, or to operate, the Medical Facilities and programs operated by SPHI for the Service Area. Both parties shall maintain accounting records involving Service Area operations in a manner that complies with generally accepted accounting principles.

b. Investment of Funds. Investment of funds received must meet the requirements established by KPB Chapter 5.10, "Investment of Moneys," and any policies adopted pursuant to it. This provision does not apply to the investment of funds of the South Peninsula Hospital Employees' Pension Plan, which funds are managed and invested by the Plan Trustees.

c. Audit. The Borough shall perform annual audits of the Medical Facility operations, at its expense, to comply with single audit requirements and to incorporate into the Borough's financial statements, through an independent auditing firm selected by the Borough. The auditing firm shall submit written annual audit reports to the SPHI Board and the Service Area Board, and shall make a verbal presentation to a joint meeting ofboth boards.

18. RATES. SPHI shall have the exclusive right to establish rates, fees and charges for services provided at the Medical Facilities administered by SPHI. SPHI will use its best efforts to ensure that the rates are market driven and that the rates, fees and charges it has established will cover the operating expenses of the Medical Facilities and SPHI's other obligations under this Agreement.

19. INSURANCE.

a. Lessee/Operator's Insurance. During the term of this Agreement the Lessee/Operator, at all times, shall maintain, provide and submit proof of the following insurance coverage, in amounts approved by the Borough:

1. Workers' compensation insurance coverage as required by Alaska law;

n. Comprehensive general liability insurance for the Medical Facilities, property acquired pursuant to this Agreement that is not

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68 located in or on the Medical Facilities, and operations provided by SPHI pursuant to this Agreement;

111. Professional liability or errors and omissions by SPHI and its employees; and

IV. Officers and directors liability insurance.

v. Coverage for loss or damage to property acquired by SPHI pursuant to this Agreement that is not located in or on the Medical Facilities.

v1. SPHI shall require all members of the medical staff and. all members of the allied professional staff to maintain professional liability insurance coverage in an amount established by the SPHI Board of Directors.

vn. The above insurance shall be primary to the Additional Insured's, and not contributing with any other insurance or similar protection available to the Additional Insured, whether other available coverage be primary, contributing or excess.

SPHI may purchase additional insurance coverage that it deems to be appropriate to insure the management and operation of the Medical Facilities and other services provided by SPHI, after receiving written approval from the Borough Contract Administrator, which approval shall not be unreasonably withheld.

Unless otherwise agreed, the Borough shall be named as an additional insured on all policies.

b. Borough Insurance. During the term of this Agreement the Borough shall, at all times, maintain and provide fire and property damage insurance in amounts sufficient to replace the leased property and contents. The Borough shall provide proof of renewal of such insurance to SPHI upon the expiration of any existing coverage. The Lessee/Operator shall provide an updated schedule of all Borough property and contents located in or on the Medical Facilities annually, and shall provide an updated schedule of new property whenever it is acquired.

c. Notice of Claims. Each party shall immediately notify the other party to this Agreement of any lawsuits or claims asserted against SPHI, any of the Medical Facilities or the Borough, related to operations of SPHI under this Agreement or of any potential claims that may be asserted.

d. Extended Reporting Period or Tail Coverage. Except as otherwise provided below, the Borough shall obtain, carry and maintain tail or

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69 extended reporting period coverage for all types of insurance coverage obtained pursuant to paragraph 19(a) of this Agreement, effective as of the date of termination· of this Agreement, in the same amounts as or more than existing coverage at the time of termination for the named insured's. ·The Borough is not required to obtain such tail or extended reporting period coverage for workers' compensation insurance or for other coverage obtained on a per occurrence basis. SPHI and all of its directors and officers who served as such during the term of this Agreement shall be named insureds. The Borough may contract with a subsequent operator of the Medical Facilities to provide such tail or extended reporting period coverage through operating revenues of the Medical Facilities and programs, or may authorize SPHI to provide such tail or extended reporting period coverage through operating revenues of the Medical Facilities and programs.

20. RISK MANAGEMENT. The Lessee/Operator shall establish ·a program of training and loss prevention designed to maintain high quality medical care in· the Medical Facilities operated by SPHI and to prevent unnecessary expense from liability.

21. DESTRUCTION OF THE PREMISES. In the event of damage to, or destruction of all or part of the leased property, the Lessee/Operator shall have authority to make such arrangements as reasonably necessary to continue to operate the Medical Facilities or provide the services it was providing, provided that no more than $250,000 is spent and a full report of all such expenses shall be made at the next regular Assembly meeting occurring more than two weeks after the event. In such event, the Lessee/Operator shall have authority to suspend or reduce services it determines cannot be provided until such time, if any, building, repair or replacement of the Medical Facilities or other health facilities has been completed. Lessee/Operator shall immediately notify the Borough of any suspension or reduction in services as a result of damage or destruction.

22. LEVEL OF SERVICES AND OTHER BUSINESS ACTIVITIES.

a. Existing Level of Services. The parties acknowledge that the existing scope and level of services at the Medical Facilities are approved and consented to by both parties.

b. Expansion of Services/New Services. The parties agree that Lessee/Operator may provide for expanded or new Service Area health services at the Medical Facilities, in accordance with powers authorized for the Service Area pursuant to the KPB Code of Ordinances, as now enacted or as may be amended, including but not limited to participating in joint ventures, or ownership or management participation in other health care services, and other business arrangements with other health care providers and businesses. The Lessee/Operator shall give the Borough Contract Administrator prior notice of new or expanded services that have an expected total capital cost in excess of $100,000 on an annual basis. Notice may be provided in

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70 writing or orally, and the Borough Contract Administrator may provide written confirmation of such notice; provided, however, that the parties will first consider and discuss the potential adverse competitive impacts of premature public disclosure on such new or expanded services caused by written notice or confirmation. SAB consideration and Assembly approval shall be required to the extent it would otherwise be required in this Agreement. Expansion of services or new services do not include changes in the method of delivering existing services or the use of new technology or techniques to provide those services even if this may involve additional personnel or training or enhancement of current capabilities to meet standards for proper patient care, or changes required to meet basic accreditation standards and licensing for the Hospital. Any change in the level or type of services provided shall be included in the next quarterly report regardless of the cost.

c. Elimination of Services. The Lessee/Operator may eliminate services or levels of care being provided at the Medical Facilities or otherWise pursuant to this Agreement, but only after 60 days prior written notice to the Borough. The Borough may then direct that the Lessee/Operator continue to provide such services or level of care, if deemed in the best interest of the residents of the Service Area, even when not economically feasible; however, if the Borough decides to continue an economically unfeasible service or level of care, it shall consider providing an operating subsidy to the Lessee/Operator equivalent to at least the loss associated with providing such service or level of care. If the Borough decides not to provide any such operating subsidy, then SPHI is not obligated to provide such services or level of care.

d. Disclosure of Other SPHI Business. In the event that SPHI engages in other business activities unrelated to the activities required or authorized by this Agreement, SPHI shall first notify the Borough Contract Administrator of the nature and extent of such other business activities, including upon request a -disclosure of financial reports reflecting revenues and expenses, so that the Borough Contract Administrator may determine that they do not conflict with this Agreement, or otherwise impair either parties' rights or obligations under this Agreement. It is agreed that records of such other business activities are not public records. Disclosure of records to the Borough Contract Administrator under this provision shall not be deemed to convert such records to public records, to the extent allowed by law. In no case will the assets generated or provided through this Agreement be used to capitalize or otherwise fund any activities of SPHI conducted outside the scope of this Agreement.

23. APPOINTMENTS TO THE MEDICAL STAFF. SPHI shall establish written policies for granting privileges to practice in the Medical Facilities in cases in which application for privileges to practice is required. These written policies must prohibit discrimination against applicants on the basis of race, religion, color, national origin, age, sex, physical or mental disability, marital status, changes in marital status, pregnancy, or parenthood, or any other classification prohibited by law. The language

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71 in this paragraph does not prohibit SPHI from entering into an exclusive contract for the professional services of a specialist, or to require health care providers to be SPHI employees rather than independent contractors, if SPHI deems there to be business justification for the exclusive contract or employment model or relationship.

24. NONDISCRIMINATION IN ADMISSIONS. All persons in need of medical care shall be admitted to the appropriate Medical Facilities without regard to race, religion, color, national origin, age, sex, physical or mental disability, marital status, changes in marital status, pregnancy, parenthood, or the financial ability to pay for such medical care to the extent required by law.

25. MEDICAL RECORDS. During the term of this Agreement, Lessee/Operator shall have the full use and control of all medical records, and shall be responsible for the complying with all applicable federal and state laws regarding the maintenance, security and privacy thereof. Medical records shall remain on the Hospital premises under the supervision and control of the Lessee/Operator so long as it is the Operator as provided for in this Agreement; provided, however, that SPHI may make arrangements for electronic storage and back up of medical records. If the Lessee/Operator ceases at any time to be the Operator as provided for herein, the Borough shall reacquire the full use and control of such medical records, and shall be required to preserve the same for such period of time as is required by Alaska or Federal laws, but, in any event, a minimum of five (5) years following the date on which the Lessee/Operator ceases to be the Operator. After the Lessee/Operator ceases to be the Operator and so long as such medical records are preserved by· the Borough as required above, the Lessee/Operator shall at all times be provided free and complete access to such medical records and may copy all or any part of the same, and may maintain electronic records, for such purposes as are consistent with its prior duties and responsibilities as the Lessee/Operator and in connection with any investigation or litigation in which the Lessee/Operator may be involved or may become involved.

26. OTHER GOVERNMENTAL ACCESS TO BOOKS AND RECORDS. In order to assure that any expense which might be incurred by or on behalf of the Medical Facilities or other authorized Service Area activity administered by SPHI pursuant to this Agreement is included to the extent appropriate in determining the reasonable costs incurred by Medicare and Medicaid programs, or other similar governmental programs, both parties shall retain and make available upon request for a period of four (4) years after the furnishing of such services as are described in this Agreement, the contract, books, documents, and records which are necessary to certify the nature and extent of the services provided and the cost thereof when requested by the Secretary of Health and Human Services, Department of Health and Human Services ("D.H.H.S.") of the United States, or the Comptroller General of the United States, or the Commissioner, Department of Health and Social Services ("D.H.S.S."), State of Alaska, or any of their duly authorized representatives. SPHI also agrees that if it subcontracts for any of the duties under this Agreement with a related organization

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72 at a value or cost of $10,000.00 or more over a 12-month period, the subcontract shall contain a clause to the effect that the related organization must make available, upon written request to D.H.H.S., to the Comptroller General, to D.H.S.S., and to their duly authorized representatives, the subcontract, and the books, documents, and records of the related organization that are necessary to verify the nature and extent of the services provided and the costs thereof for a period of four years after the services have been furnished or costs have been incurred under the subcontract. These terms relating to the above retention and production of documents are included because of the possible application of Section 1861(v)(l)(l) of the Social Security Act to this Agreement; if this should be found to be inapplicable, then these terms shall be deemed to be inoperative and without force or effect.

27. PUBLIC ACCESS. Recognizing that SPHI is operating publicly owned facilities under this Agreement, SPHI shall make all meetings of its Board of Directors open to the public, and copies of non-confidential board materials shall be made available to the public at or before the meeting, unless the subject matter under discussion involves privileged or confidential information. Nothing in this section shall be construed as affecting the status of SPHI as a §501(c)(3) non-profit, private corporation or bringing SPHI within the scope of the Alaska Open Meetings Act, AS 44.62.310-.312.

a. Privileged or Confidential Information. As used herein, the term "privileged or confidential information" means the following records or information in the possession of SPHI:

1. Medical records, patient information and patient billing files, except patient information that may be disclosed without violating patient privacy rights;

n. Medical review organization information and records prepared and retained pursuant to AS 18.23.010- 18.23.070;

111. Employee records and information including but not limited to background and reference checks, substance abuse tests, employee credit checks, employee grievances, employee disciplinary actions and workplace investigations;

tv. Physician and other health-care provider records and information including but not limited to credentials and disciplinary files;

v. Director records and information except the name, mailing address and term of office of each director;

vt. Records and information regarding pending or threatened litigation by or against SPHI or the Borough, the disclosure of

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73 which could adversely affect the finances or litigation strategy of SPHI, the Borough, the Hospital or other leased medical facilities;

vn. Records and information regarding the business plans of SPHI, the disclosure of which could be used by competitors or others to the detriment of SPHI, the Borough, the Hospital or other leased medical facilities;

vm. Information and records that pertain exclusively to SPHI and not to activities performed pursuant to this Agreement; and

tx. All other records and information that SPHI is required· or permitted by applicable federal, state or local law to keep confidential.

Privileged or confidential information and records may be discussed by the SPHI Board of Directors privately, in executive session. Nothing herein shall be deemed as precluding the SPHI Board of Directors from holding private work sessions, training sessions and informational meetings at which no Board action is taken.

b. Board of Director Meetings. It is agreed and understood that prior to final Board action on any matter referred to a Board committee, the SPHI Board will fully disclose either verbally or in the text of a resolution, at the discretion of the Board, the substance of committee consideration of the matter, except for any of the above-referenced confidential matters. The parties further agree that the Board's Executive Committee has authority to take action on behalf of SPHI in between regular Board meetings to the extent allowed by law and SPHI' s Bylaws. All such final actions that are not required or permitted to be kept confidential shall be disclosed to the Board in a public meeting of the Board.

c. Public Comment. Members of the public who wish to comment upon policies or proposed actions of the SPHI Board of Directors shall be given a reasonable opportunity to do so, during the "Public Comment" section of the regular Board meeting open to the public, before final action is taken and after ·applicable information concerning the matter, if any, has been made available to the public. ·

d. Notice of Meetings and Agenda. The proposed agenda of all regular and special meetings of the SPHI Board of Directors, including the date, time, place and proposed agenda of the meeting, shall be posted on the public bulletin board of the Hospital and a copy made available for posting by the Borough Clerk at least forty-eight (48) hours prior to the time set for the meeting. Should an emergency or other bona fide issue requiring immediate attention arise, a special meeting may be held with notice posted for less than the forty-eight (48) hours otherwise required by this section.

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74 e. Meetings Unrelated to This Agreement. Nothing in this provision shall be construed to require meetings of the SPHI Board of Directors to be open to the public or to the Borough Contract Administrator when the subject matter discussed is not related to this Agreement.

f. Records. It is further agreed and understood that records of the Medical Facilities managed and operated by SPHI pursuant to this agreement are subject to the Public Records Act, AS 40.25.100-40.25.220 and to KPB 2.54.010- 2.54.070, including all requirements and exceptions contained therein or listed above, because of its status as an independent contractor of the Borough. Nothing in this section shall be construed to compel public disclosure of internal SPHI documents not related to the management and operation of the Hospital and other leased facilities, nor shall SPHI be deemed a public entity or quasi-public corporation unless required by law.

28. EMPLOYEES AND CONTRACTORS. Lessee/Operator is an independent business and is not an employee or agent of the Borough, either by virtue of this Agreement or otherwise. Lessee/Operator's activities conducted in the Medical Facilities leased in this Agreement are the activities of the Lessee/Operator as an independent contractor, and not that of the Borough or the Service Area. Lessee/Operator has the exclusive authority to hire and fire employees of the Medical Facilities administered by SPHI, and such employees are the employees of the Lessee/Operator and not the Borough or Service Area. Lessee/Operator shall in no transaction or endeavor make any representation that it has authority to act for the Borough in any capacity or that it has authority to bind the Borough in any manner through its actions. The Lessee/Operator shall not advertise or hold out its activities under this Agreement as being an operation of the Borough. The decisions and actions permitted and authorized under this Agreement are those of Lessee/Operator and not those of the Borough or the Service Area. The restrictions in this Agreement on Lessee/Operator's activities are imposed for the protection of the public funds contributed by the Borough as provided in this Agreement.

29. INSPECTION. The Borough reserves the right to enter and inspect the books and records of the Medical Facilities and any other authorized Service Area activity or facility operated by SPHI at any reasonable time during normal business hours for administrative personnel, for the purpose of ensuring compliance with this Agreement and determining the adequacy of the maintenance, upkeep and repair of the Borough's property, and any other matters relating to this Agreement. This does not authorize the Borough to inspect medical, personnel or other records legally considered confidential without other authorization.

30. ASSIGNMENT AND SUBLEASING. The Lessee/Operator shall not have any power to assign its rights or interests under this Agreement without the prior approval of the Borough. The Lessee/Operator may not lease or sublease all or any part of the property it manages and operates, unless the Borough first approves such

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75 lease or sublease, and such lease or sublease is in furtherance of the purposes of this Agreement.

31. AMENDMENT. The parties may amend any term in this Agreement by written agreement signed by both parties subject to approval by the Assembly by resolution.

32. GOOD FAITH AND FAIR DEALING. The respective contract administrators for the parties will interpret the provisions of this Agreement in good faith. The parties will act in accordance with good faith and fair dealing in carrying out their obligations under this Agreement.

33. BREACH AND REMEDIES.

a. By Lessor. If the Borough breaches this Agreement by failing to comply with any of the terms and conditions herein and has not cured the breach within sixty (60) days of receipt of written notice thereof from SPHI, SPHI may terminate this Agreement.

b. By Lessee/Operator. If SPHI breaches this Agreement by failing to comply with any of the terms and conditions herein, and has not cured the breach within sixty (60) days of receipt of written notice thereof from the Borough, ·the Borough may terminate this Agreement.

34. TERMINATION. Either of the parties hereto may for the reasons hereinafter set forth in this paragraph terminate this Agreement by giving the other party ninety (90) days' prior notice in writing, sent by certified mail, return receipt requested, or personally delivered. Assembly approval by resolution shall be required for the Borough to terminate this Agreement. Grounds for such termination are:

a. A breach of any of the terms and conditions herein contained when such breach is not remedied as herein provided; or

b. When and if SPHI, because of conditions beyond its control, is unable to obtain or retain medical doctors to adequately staff the Medical Facilities administered by SPHI either directly or through a contract; or

c. When either party requests a modification of the terms hereof necessary to relieve it from financial loss in the proper conduct, operation and management of the Medical Facilities, and is unable to obtain the consent of the other party to a reasonable change or modification sufficient to alleviate such condition; or

d. If SPHI fails to comply with a Specific Performance Improvement Plan developed under paragraph 15(i) of this Agreement, after 30 days written notice from the Borough Contract Administrator; or

2013 Sublease and Operating Agreement Page 26 of31

76 e. The parties fail to agree upon a new agreement or an extension of this Agreement before October 1, 2019.

35. SURRENDER ON TERMINATION. The Lessee/Operator, upon termination of this Agreement pursuant to the provisions hereof, shall quit, surrender and return to the Borough all of the property of the Borough in as good a state and condition that such property was in on the effective date of this Agreement, norinal wear excepted.

Upon termination of this Agreement or any extension thereof, and in the event there is no successor agreement between the parties, SPHI shall reconvey to the Borough, and shall surrender its possession and control of, all real and personal property covered by this Agreement. That property includes, but is not limited to, the leasehold interests of SPHI in all the Medical Facilities, all fixtures, equipment, materials, supplies, inventory, medical records, business records, revenues, cash, accounts receivable, trust accounts and other property necessary for or associated with the operation of the Medical Facilities. Notwithstanding the foregoing, SPHI shall not be required to convey to the Borough such cash, income or other assets, if any, as are received by SPHI from sources independent of and unrelated to this Agreement.

36. FINAL ACCOUNTING. Upon termination of this Agreement for any reason there shall be complete accounting and final payment and settlement of accounts within ninety (90) days following the submission of the accounting report covering the full year of operation by the Lessee/Operator.

37. SEVERABILITY. No provision of this Agreement shall be effective which is in violation of any state or federal law or regulation or agreement heretofore entered into between the Borough and any state or federal agency, relating to the use or operation of the Medical Facilities administered by SPHI; provided, however, if one or more provisions of this Agreement are hereinafter determined to be invalid and unenforceable, this shall not operate to defeat or invalidate the remainder of the Agreement unless the lack of enforceability or invalidity has the effect of substantially changing the terms and conditions of this Agreement or operates in such a manner as to invalidate or defeat the primary purpose or objectives of this Agreement.

38. SUCCESSORS AND ASSIGNS BOUND. The covenants and conditions herein contained shall apply to bind the successors and assigns of· the parties hereto.

39. TIME OF THE ESSENCE. Time is declared to be of the essence in this Agreement and each and every term and provision hereof.

40. WAIVER. The waiver by a party hereto of any term covenant or condition herein contained shall not be deemed to be a waiver of such term,· condition,

2013 Sublease and Operating Agreement Page 27 of31

77 covenant, or any subsequent breach of the same or any other term, covenant; or condition herein contained.

41. VENUE. Any suit regarding enforcement or application of this Agreement shall be filed and prosecuted in the Kenai Venue District, Third Judicial District, State of Alaska.

42. NO RIGHTS CONFERRED. Nothing in this Agreement shall be construed to confer any right or cause of action or suit, either at law or in equity, upon any person, group of persons, firm, corporation or public officer, other than the parties signing this Agreement, and the Lessee/Operator shall have no authority to bind the Borough or create any liability on the Borough's part, unless expressly authorized in this Agreement.

43. NON-COMPETITION. The parties understand and agree that, except as authorized by the Borough Assembly after consideration by the SAB, SPHI and any successor organization shall not engage in any activities that compete with Hospital Service Area activities within the boundaries of the Service Area during the term of this Agreement, any extension thereof, and for a period of two years from the date the Agreement is terminated. Borough Assembly authorization of such activities may be in the form of a resolution unless an ordinance is otherwise required by law, and may be considered granted if the Assembly appropriates funds for such an activity. The parties agree that all activities performed by SPHI as of the date of execution of this Agreement are approved under this provision.

Nothing herein shall be deemed as precluding any person who serves or served as an officer or director of SPHI from engaging in the practice of medicine or other healthcare-related endeavors. However, no such person may use any "privileged or confidential information" whatsoever gained from their involvement with SPHI as an officer or director, to compete with SPHI or Service Area activities while serving as an officer or director, or for a period of two years from the date the person ·ends their service as an officer or director of SPHI, within the boundaries of the Service Area. "Privileged or confidential information" has the meaning defined in § 27 PUBLIC ACCESS ~a Privileged or confidential information, above. Any information in the public domain or that becomes part of the public domain as a public record, pursuant to § 27 PUBLIC ACCESS ~f Records, above, is not "privileged or confidential information."

44. CONTRACT ADMINISTRATION. The Borough Mayor is the Borough Contract Administrator under this Agreement. The President of SPHI is the administrator of this Agreement on behalf of SPHI.

45. INTEGRATION. This Agreement constitutes the entire agreement between the parties. This Agreement supersedes all previous communications, memoranda, correspondence, proposals, understandings, agreements and contracts,

2013 Sublease and Operating Agreement · Page 28 of31 ·

78 both verbal and written, between these parties. Both parties specifically acknowledge that, in entering into and executing this Agreement, they rely solely upon . the representations and agreements contained in this Agreement and no others. No oral statements or prior written material not specifically incorporated herein shall be recognized by either party or bind either party unless incorporated herein by amendment, such amendment to become effective on the date stipulated in such amendment. Further, this Agreement may not be enlarged, modified, amended, supplemented, or altered except by amendment pursuant to this Agreement.

KENAI PENINSULA BOROUGH SOUTH PENINSULA HOSPITAL, INC.

By: ______By: ______Honorable Mike Navarre Julie Woodworth Its: Mayor Its: President, Board of Directors

Approved by KPB Ord. ___ Approved by SPHI Motion Date: Date: ------

ATTEST:

By: ______Borough Clerk

APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL SUFFICIENCY LEGAL SUFFICIENCY

By: ______By: ______Borough Attorney Robert Molloy SPHI Attorney

2013 Sublease and Operating Agreement Page 29 of31

79 ACKNOWLEDGMENTS

STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT )

The foregoing instrument was acknowledged before me this __ day of ~~--~---:--' 2013, by Mike Navarre, Mayor of the Kenai Peninsula Borough, an Alaska municipal corporation, for and on behalf of the corporation.

Notary Public for State of Alaska My Commission Expires: ____

STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT )

The foregoing instrument was acknowledged before me this __ day of ------::::---' 2013, by Julie Woodworth, the President of South Peninsula Hospital, Inc., a non-profit corporation, for and on behalf of the corporation.

Notary Public for State of Alaska My Commission Expires: ____

2013 Sublease and Operating Agreement Page 30 of31

80 CONSENT TO SUBLEASE

The City of Homer, Alaska, as Lessor under that certain Lease of Homer Hospital entered into on the lOth day of November, 1969, and amended March 17, 1999, October 31, 2005, and June 22, 2006, between the City of Homer and the Kenai Peninsula Borough (the "Lease"), hereby consents to the Sublease and Operating Agreement for South Peninsula Hospital set forth above and entered into on , 2013, between the Kenai Peninsula Borough and South Peninsula Hospital, Inc., upon the express conditions that (a) this Consent shall not be deemed a waiver or relinquishment of the covenant against assignment or subletting set forth in Section 14 of the lease; and (b) the City of Homer does not hereby consent to any further assignment or subletting of the premises; and (c) this Consent shall not release the Kenai Peninsula Borough from the full performance or' the provisions of the Lease, as now existing or as may hereafter be amended.

Dated this ____ day of ______, 2013.

CITY OF HOMER ALASKA

By: ______Its: ------ATTEST:

City of Homer- City Clerk

2013 Sublease and Operating Agreement Page 31 of31

81 Introduced by: Mayor Date: 09/17/13 Action: Vote:

KENAI PENINSULA BOROUGH RESOLUTION 2013-065

A RESOLUTION AUTHORIZING A NEW CLASSIFIED POSITION TO REPLACE A TEMPORARY CLERK POSITION WHICH HAS BEEN FILLED FOR AT LEAST 18 MONTHS FOR THE ANCHOR POINT FIRE AND EMERGENCY MEDICAL SERVICE AREA

1 WHEREAS, Article 3, Section 3 of the Collective Bargaining Agreement ("CBA") requires the 2 administration to submit to the assembly a request to create a new classified 3 position to perform the duties previously done by a temporary position for 18 4 consecutive months except those at the North Peninsula Recreation Service Area 5 Pool; and

6 WHEREAS, the CBA also provides that the administration may continue to use temporary 7 employees to perform those duties if the assembly does not create a new classified 8 position, provided that if the duties are performed for another 18 months another 9 request for a classified position must be submitted to the assembly; and

10 WHEREAS, the Anchor Point Fire ·and Emergency Medical Service Area's (APFEMSA) 11 temporary clerk has been employed for over 18 months; and

12 WHEREAS, the duties and responsibilities of this position support and assist the service area 13 board with minutes and other board functions, and some administrative duties; 14 and

15 WHEREAS, the administration recommends that this position continue to be a temporary 16 position as a new chief is being recruited, the hours vary, and the workload shifts 17 and needs of the service area board are evolving;

Kenai Peninsula Borough, Alaska Resolution 2013-065 Page 1 of2 82 1 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI 2 PENINSULA BOROUGH:

3 SECTION 1. That the Kenai Peninsula Borough Assembly approves the creation of a new 4 classified position to perform the duties previously performed by the Anchor 5 Point Fire and Emergency Medical Service Area Temporary Clerk position.

6 SECTION 2. That this resolution shall take effect immediately upon its adoption.

7 ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 8 17TH DAY OF SEPTEMBER, 2013.

Linda Murphy, Assembly President ATTEST:

Johni Blankenship, MMC, Borough Clerk

Yes: No:

Absent:

Resolution 2013-065 Kenai Peninsula Borough, Alaska Page 2 of2 83 KENAI PENINSULA BOROUGH 144 North Binkley Street • Soldotna, Alaska 99669-7520 Toll-free within the Borough: 1-800-478-4441 PHONE: (907) 262-4441 • FAX: (907) 262-1892 www. borough. kenai. ak. us

MIKE NAVARRE BOROUGH MAYOR MEMORANDUM

TO: Linda Murphy, Assembly President Members, Kenai Peninsula Borough Assembly THRU: Mike Navarre, Mayor & FROM: Stormy Brown, Director of Human Resources~

DATE: September 5, 2013

SUBJECT: Resolution 2013- 005', authorizing a new classified position at the Anchor Point Fire and Emergency Medical Service Area to replace a temporary position

The collective bargaining agreement requires that if the borough employs temporary employees to perform the same duties for 18 consecutive months, except for positions at the North Peninsula Recreation Service Area Pool, management must submit to the assembly a request to create a new classified position to perform those duties. The Anchor Point Fire and Emergency Medical Service Area has a temporary clerk who has performed roughly the same duties for at least 18 months. In accordance with the requirement ofthe collective bargaining agreement this resolution is submitted to request that the assembly create a new classified permanent position to replace the temporary position. If the assembly does not create the classified position then the contract authorizes the administration to continue with this position as a temporary position, provided that ifthe position continues to perform approximately the same duties for the next 18 months the assembly must again be asked to create a new classified position to replace the temporary position.

The administration respectfully recommends that the assembly defeat this resolution because it anticipates that the duties for the Anchor Point Fire and Emergency Medical Service Area position may significantly change within the next few months as the service area and fire department are revising their operations, including recruiting for a new chief. Your consideration of this matter is appreciated.

84 Introduced by: Haggerty Date: 09/17/13 Action: Vote:

KENAI PENINSULA BOROUGH RESOLUTION 2013-066

A RESOLUTION REQUESTING THE GOVERNOR AND LEGISLATURE DEVELOP A LONG-TERM SOLUTION TO ENSURE FULL AND UNINTERRUPTED FERRY SERVICE TO SELDOVIA

1 WHEREAS, the MN Tustumena is almost 50 years old and has been providing service to 2 Seldovia for over 30 years; and

3 WHEREAS, due to age and postponed maintenance the MN Tustumena has been in the 4 shipyard since November 2012 leaving Seldovia and much of southwest Alaska 5 with limited, or non-existent in some communities, ferry service; and

6 WHEREAS, the severe reduction in ferry service to Seldovia has had very negative impacts on 7 the economy of Seldovia and the many private businesses that depend on regular 8 ferry service; and

9 WHEREAS, coastal communities and economies depend on the Alaska Marine Highway 10 System (AMHS) for safely transporting people, goods and services; and

11 WHEREAS, without ferry service schools and their athletic programs that depend on this 12 service have been put in a financial bind; and

13 WHEREAS, the AMHS is used by many Alaskans; and

14 WHEREAS, AMHS is not a luxury that needs to be subsidized, but is an integral part of 15 Alaska's transportation infrastructure, no different than our roads and airports; 16 and

Kenai Peninsula Borough, Alaska Resolution 2013-066 Page 1 of2 85 1 WHEREAS, AMHS connects Seldovia, as well as much of Southwest Alaska, to other coastal 2 communities and the road system that serves all Alaskans; and

3 WHEREAS, the AMHS fleet is aging and is facing a crisis caused by deferred maintenance;

4 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI 5 PENINSULA BOROUGH:

6 SECTION 1. That the assembly formally requests the Governor and Legislature act swiftly to 7 develop a long-term solution to the problems that face AMHS and work to 8 provide uninterrupted service to Alaska's coastal communities.

9 SECTION 2. That this resolution takes effect immediately upon its adoption.

10 ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS DAY 11 17TH DAY OF SEPTEMBER, 2013.

Linda Murphy, Assembly President ATTEST:

Johni Blankenship, MMC, Borough Clerk

Yes: No:

Absent:

Resolution 2013-066 Kenai Peninsula Borough, Alaska Page 2 of2 86 KENAI PENINSULA BOROUGH Kenai Peninsula Borough Assembly 144 North Binkley Street Soldotna, AK 99669 Linda Murphy, Assembly President Phone 907-714-2160 Hal Smalley, Vice President Fax 907-714-2388

MEMORANDUM

TO: Linda Murphy, Assembly President Kenai Peninsula Borough Assembly Members

FROM: Mako Haggerty, Assembly Member /5- r 'fyJ, #.

DATE: September 17, 2013

RE: Resolution 2013-066: Requesting the Governor and Legislature Develop a Long-Term Solution to Ensure Full and Uninterrupted Ferry Service to Seldovia

Many communities depend on the Alaska Marine Highway System (AMHS) for supplies, transportation, commerce, and connection to the rest of Alaska. Two of those communities, Seldovia and Homer, are located here on the Kenai Peninsula.

The ferry that serves Seldovia, as well as Port Lyons, Kodiak, Chignik, Sand Point and other Southwest communities, is the M/V Tustumena which is home-ported in Homer.

The M/V Tustumena was put into service almost 50 years ago in 1964. Last year the Tustumena was put in dry dock in the Seward shipyard for some much needed maintenance and repair. Due to problems encountered in the shipyard, the return of the Tustumena to the Alaska Marine Highway fleet has been delayed. Although it is uncertain when the Tustumena will return to service, the current estimate is late October. This will mean we have seen a severe reduction of service for two weeks short of an entire year.

Once nicknamed the "Trusty Tusty" now referred to as the "Rusty Tusty," the State ferry Tustumena has not docked in Seldovia for this entire year. The ferry that is covering for the Tustumena, M/V Kennicott, has visited Seldovia only 11 times since May. The normal schedule for Seldovia is 12 visits a month. This is not just an inconvenience, the lack of ferry service upsets the entire economy of Seldovia, has impacted the economy of the Kenai Peninsula Borough and the many other communities that depend on ferry service.

AMHS is part of the transportation infrastructure, along with roads and airports, that serve all Alaskans. The State of Alaska must maintain all transportation forms in order to maintain a solid economy. The State of Alaska must upgrade the AMHS fleet to keep uninterrupted service.

Your consideration is appreciated.

87 CITY OF KODIAK RESOLUTION NUMBER 2013--24

A RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK, REQUESTING THE GOVE&.~OR AND LEGISLATURE TO DEVELOP A LONG­ TERM SOLUTION TO ENSURE FULL AND UNINTERRUPTED FERRY SERVICE TO KODIAK

WHEREAS, the State of Alaska ferry MN Tustumena provides service between Homer and Kodiak and occasional service to Ouzinkie and Port Lions as well as communities westward from Kodiak including Chignik, Sand Point, King Cove, Cold Bay, False Pass, Akutan, and Unalaska; and

WHEREAS, the MN Tustumena was removed from service on November 1, 2012, for scheduled repairs at the Seward Ship's Drydock; and

WHEREAS, the original return to service date of April 17, 2013, was delayed due to unexpected steel work; and

WHEREAS, the State of Alaska Marine Highw~y System approved two additional extensions to allow time for the needed repairs to take place with a return to service date of July 23, 2013; and

WHEREAS, inspections of completed repairs did not meet required safety standards for passenger service resulting in additional time needed to complete the required safety standards; and

WHEREAS, Kodiak and the other communities that rely on service from the Tustumena have experienced negative economic impacts from over nine months with this vessel out of service; and

WHEREAS, the Mayors of the City of Kodiak and the Kodiak Island Borough, on behalf of the Kodiak region, will discuss the impacts to the loss of tourism and other revenue to the region and the critical need for the State to develop a long-tenn solution to ensure full and uninterrupted ferry service to Kodiak.

NOW, THEREF0RE, BE lT RESOLVED that the Council of the City of Kodiak, Alaska, hereby formally requests that Governor Parnell and the Alaska State Legislature develop a long-tenn solution immediately to ensure the Kodiak region receives scheduled and uninterrupted service from the Alaska Marine Highway System.

Resolution No. 201~24 Page 1 orl 88 CITY OF KODIAK

MAYOR ATTEST:

CITY CLERK Adopted: July 25, 2013

Resolution No. :ZOll-24 Pagel on 89 KENAI PENINSULA BOROUGH Office of the Borough Clerk 144 North Binkley Street Johni Blankenship, MMC Soldotna, AK 99669 Borough Clerk Phone 907-714-2160 Fax 907-714-2388

MEMORANDUM

TO: Linda Murphy, Assembly President Kenai Peninsula Borough Assembly Members

THRU: Johni Blankenship, Borough Clerk ( tfj_) FROM: Michele Turner, Deputy Borough Cl~(f~~)

DATE: September 17, 2013

RE: Approval of the October 1, 2013 Regular Municipal Election Workers

As outlined in KPB 4.50.010, before each election the clerk, subject to approval by the assembly, shall appoint at least 3 judges in each precinct. Below is a current list of Precinct Board Members, Canvass Board Members and Absentee Voting Officials for your consideration.

Precinct Name Name of Election Worker

Anchor Point Roberta Ness Jolayne Soplanda Starlet "Star" Tangman Maureen Tracy

Bear Creek Mary Daniel Catherine Turnbull [1 Judge- to be determined]

Central Bonnie Cain Christine Gattenby Marilyn Hensler Barbara Mize Cynthia Newby

Diamond Ridge Coleen Behen Judy Dickson Connie Geagel Kathy Johnson

90 Page -2- September 17, 2013 Approval of the October 1, 2013 Regular Municipal Election Workers

Precinct Name Name of Election Worker

Funny River No.1 Phyllis Cousins Joy Coverstone Kathryn Hafer Raymond Price Sandra Sandoval

Funny River No.2 Lindsay Mesa Mitch Mesa Valerie McKenney Courtney Proctor

Homer No.1 Jody Ann Bitterman Diana Carroll Scott Greenmun Linda Spilsbury Christine Tietjen Linda Tietjen

Homer No.2 Vicki Farrell Eillen Faulkner Faith Schade Roxie Schade Darlene Sheldon Elizabeth Wolf

K-Beach Katherine Caron Ellen Hudson Susan Lockwood Carol Louthan Darlene Merlo

Kachemak I Fritz Creek Shiley Forquer Bob Neubauer Reita Walker

Kenai No.1 Eileen Bryson Carol Freas June Harris Rita Smagge Virginia Walters

91 Page -3- September 17, 2013 Approval of the October 1, 2013 Regular Municipal Election Workers

Precinct Name Name of Election Worker

Kenai No.3 Marlene Frates Ginger Mayer Sheila Phillips Roseanna Sheldon

Mackey Lake Angela Anderson Elizabeth Boots Stacy Hilbish Teressa Minnich

Nikiski Linda Groleske Elizabeth "Betty" ldelman Margaret Simon Dolores Wik

Ninilchik Ruthe Bauman Willard Bauman An ita Lam bert Phyllis McCutchan Margaret Teed lla Treat

Salamatof Marian Nickelson Jodie Titus Janice Wilsack

Seward I Lowell Point Carol Griswold James Herbert Mark Kansteiner Rose MacSwain Mary Williamson

Soldotna Joyce Cox Dorothy Diamond Elizabeth Hinshaw Barbara Jewell Ouida Parker Carolyn Prince

Sterling No. 1 Susan Krizer [2 Judges- to be determined]

92 Page -4- September 17, 2013 Approval of the October 1, 2013 Regular Municipal Election Workers

Precinct Name Name of Election Worker

Sterling No. 2 Briana Brumley Anita Merkes Nancy Stafford Jennifer Waller

Absentee Voting Officials - 2-Weeks Prior to Election & Election Day:

Homer City Hall Mary Jane Russell KPB Homer Annex Tammaron Baxter Kenai City Hall Susan Pike KPB Admin. Bldg. Nita Douthit Lori Seymour Seldovia City Hall Mary Klinger (City Clerk) Seward City Hall Brenda Ballou {Interim City Clerk)

Absentee Voting Officials - Election Day:

Anchor Point/Nikolaevsk Lenna Bernhardt Cooper Landing AVO Janet Mitchell Moose Pass Mona Casselman Seldovia/Kachemak Bay Mary Jo Stanley Tyonek/Tyonek Jenny Stephan Tyonek/Nanwalek Alexandra "Alex" Hetrick Tyonek/Port Graham Daryl Kreun

Canvass Board Teri Birchfield Linda Cusack Carol Freas Dawn Jackson Nancy Montgomery Janet St. Clair

KPB 4.50.010 further provides that the clerk may appoint workers where they are needed to relieve the election judges of any undue hardship and may also appoint a replacement if any appointed election official is not able to serve on Election Day.

93 KENAI PENINSULA BOROUGH 144 North Binkley Street • Soldotna, Alaska 99669-7520 Toll-freewithin the Borough: 1-800-478-4441 PHONE: (907) 262-4441 • FAX:· (907) 262-1892 www. borough. kenai .ak.us

MIKE NAVARRE BOROUGH MAYOR

NOTICE OF APPOINTMENTS. TO ADVISORY PLANNING COMMISSIONS

TO: Linda Murphy, Assembly President Members of the Kenai Peninsula Borough Assembly FROM: Mike Navarre, Kenai Peninsula Borough Mayor fV'3 DATE: September 17, 2013 SUBJECT: Recommended Appointments to Advisory Planning Commissions

In accordance with KPB 21.02, appointments to Kenai Peninsula Borough Advisory Planning Commissions are recommended by the Borough Mayor, subject to confirmation by the Borough Assembly. Applicants are registered voters and reside within the area to be represented. I hereby submit to you for confirmation the following Advisory Planning Commission appointments:

HoJ:!e/Sunrise APC Seat Term ExJ:!ires J onny Gantenbein D September 30, 2016 Moose Pass APC Michael Cooney F September 30, 2016 CooJ:!er Landing APC Janette Cadieux A September 30, 2016 Carrie Williams B September 30, 2016

Anchor Point APC Raymond Drake E September 30, 2016

Attachments: Application or Letter for Appointment Clerks Verification

94 KENAI PENINSULA BOROUGH Office of the Borough Clerk 144 North Binkley Street Johni Blankenship, MMC Soldotna, AK 99669 Borough Clerk Phone 907-714-2160 Fax 907-714-2388

MEMORANDUM

TO: Mike Navarre, Borough Mayor THRU: Johni Blankenship, Borough Clerk {f) FROM: Claudia Feltman, Borough Clerk Assistant

DATE: September 4, 2013

RE: Verification of Advisory Planning Commission Applicants

As per KPB 21.02.0SO(B), the applicants listed below have been verified as registered voters of the Kenai Peninsula Borough and their permanent place of residence is within the Advisory Planning Commission boundaries.

ANCHOR POINT ADVISORY PLANNING COMMISSION

Raymond Drake

COOPER LANDING ADVISORY PLANNING COMMISSION

Carrie L. Williams Janette Cadieux

MOOSE PASS ADVISORY PLANNING COMMISSION

Mike Cooney

HOPE/SUNRISE ADVISORY PLANNING COMMISSION

Jonny Gantenbein

95 Highley, Pam

From: Navarre, Mike Sent: Thursday, August 29, 2013 9:11 AM To: 'Christy Drake' Cc: Best, Max; Highley, Pam Subject: RE: APC reappointment

Raymond,

Thank you for your continuing interest in the Anchor Point APC. I appreciate your service to your community and the Kenai Borough. It is my pleasure to reappoint you.

Best regards,

Mike Navarre Mayor

From: Christy Drake [mailto:[email protected]] Sent: Thursday, August 29, 2013 7:17AM To: Navarre, Mike Cc: Best, Max Subject: APC reappointment

August29,2013

Mayor Navarre-

I, Raymond Drake, would like to be reappointed for another 3-year term to the Anchor Point Advisory Planning Commission, Seat E. I have lived in this area for 50 years now, and feel that I have a great understanding of this area and will be a great asset to the Anchor Point Advisory Planning Commission. Thank you for your time and consideration.

Raymond Drake PO Box 23 Anchor Point, AK. 99556 235-7635 399-1514

1 96 , Aug211312:34p Carrie L. Williams 9075951633 p.1

Kenai Peninsula Borough Advisory Planning Commissioner Application

Instructions: Please type yo r information on this form, and be as specific as possible. You must be a registered vo er in the a~eafor which you are applying.

Mailing Address:._L~~tf?L.b...U~~::::::G.(@~z..k!~~M::S,-.:f!::z.::l.:;'-f-l.~L Physical Address::..sr..:&.JU.-4.;L~~---L~~...IZ....:.4.~t2!l~._,_.L...b.~~~ Home Phone:_~~~~~~:.:_c____Io:2_~--..J--+--..L.!

Which advisory 0Anchor Point

~ooper Landing 0Kachemak Bay

0Funny River . 0Moose Pass How long have you lived in he area served by this advisory planning commission? /9 yrs ~) What knowledge, experienc , or expertise will you bring to this commission? l2.a,/ ~ . .2 d

97 Aug 211312:35p Carrie L. Williams 9075951633 p.2

What would you like to see one with borough-owned l~nds in your area? /)· .

Are you available for day m etings? __~~~~-----,------Are you available for night eetings? -~~~~,:::______Comments (Areas of interes, additional ex

Mayor Mike Navarre enai Peninsula Borough 144 North Binkley oldotna, AK 99669-7599

98 Highley, Pam

From: Navarre, Mike Sent: Thursday, August 22, 2013 2:16 PM To: 'Janette Cadieux' Cc: Highley, Pam; Best, Max; Aranguiz, Michele Subject: RE: CLAPC Post

Janette,

Thank you. I appreciate yo[Jr service and continued interest. I'll get things moving on your reappointment.

Best regards,

Mike Navarre

From: Janette Cadieux [mailto:[email protected]] Sent: Thursday, August 22, 2013 1:49PM To: Navarre, Mike Cc: Best, Max; Aranguiz, Michele Subject: CLAPC Post

Mayor Navarre: I would like to continue serving the Cooper Lariding community through the Advisory Planning Commission. You will fmd my current commission ends next month. I have enjoyed the opportunity for community service and involvement thus far and hope to continue at the Assembly's discretion.

Respectfully,

Janette Cadieux CLAPC Chair

1 99 Highley, Pam

From: Navarre, Mike Sent: Tuesday, September 03, 2013 5:03 PM To: 'Mike Cooney' Cc: Highley, Pam Subject: RE: Request for Reappointment to Moose Pass Advisory Planning Commission

Mr. Cooney,

Thank you for your continuing interest in the Moose Pass APC. I appreciate your service to your community and the Kenai Borough. It is my pleasure to reappoint you.

Best regards,

Mike Navarre Mayor

From: Mike Cooney [mailto:[email protected]] Sent: Tuesday, September 03, 2013 3:30PM To: Navarre, Mike · Cc: 'Jaffa' Subject: Request for Reappointment to Moose Pass Advisory Planning Commission

Mayor Navarre, I respectfully request to be re-appointed to another term on the Moose Pass Advisory Planning Commission. I have enjoyed my service and would like to continue to serve my community, including by being involved in community land selections and in the on-going process of updating the Moose Pass Comprehensive Plan. Thank You, Mike

Mike Cooney P.O. Box 169 Moose Pass, Alaska 99631 {907) 288 5022 (home/office) {907) 288 3688 (work) [email protected]

1 100 Highley, Pam

From: Navarre/ Mike

Sent: Tuesday/ September 03 1 2013 5:05 PM To: 'Diane Olthuis' Cc: Highley/ Pam Subject: RE: Hope APC seat D reapointment

Mr. Gantenbein,

Thank you for your continuing interest in the Hope APC. I appreciate your serviCe to your community and the Kenai Borough. It is my pleasure to reappoint you.

Best regards,

Mike Navarre Mayor

From: Diane Olthuis [mailto:[email protected]] Sent: Monday, September 02, 2013 10:18 AM To: Navarre, Mike Subject: Hope APC seat D reapointment

Mr. Navarre,

My name is Jenny Gantenbein , I currently hold seat D on the Hope APC, I respectfully request to continue in this position for another three year term. Your consideration in this matter would appreciated. My regards, Jenny Gantenbein P.O. Box 41 Hope AK 99605 (907) 782-3115

1 101 KENAI PENINSULA BOROUGH 144 North Binkley Street • Soldotna, Alaska 99669-7520 Toll-free within the Borough: 1-800-478-4441 PHONE: (907) 262-4441 • FAX: (907) 262-1892 www.borough.kenai.ak.us

MIKE NAVARRE BOROUGH MAYOR

NOTICE OF APPOINTMENT TO ROAD SERVICE AREA BOARD

TO: Linda Murphy, Assembly President Members of the Kenai Peninsula Borough Assembly~ FROM: Mike Navarre, Kenai Peninsula Borough Mayor f"/ DATE: September 17, 2013 SUBJECT: Appointment to the KPB Road Service Area Board

Pursuant to KPB 16.41.050, I hereby submit the following appointment to the Road Service Area Board for confirmation by the Borough Assembly. The applicant is a registered voter and resides within the designated regions of the road service area. Attached for your review is the request for appointment:

Appointment Board Seat Term Expires

S.A. SamMcLane At- Large September 30, 2016

Attachments: Letter of Request for Re-Appointment Verification of Voter Registration

Cc: Pat Malone, Roads Director KPB Clerk's Office

102 KENAI PENINSULA BOROUGH Office of the Borough Clerk 144 North Binkley Street Johni Blankenship, MMC Soldotna, AK 99669 Borough Clerk Phone 907-714-2160 Fax 907-714-2388

MEMORANDUM

TO: Mike Navarre, Borough Mayor .. THRU: Johni Blankenship, Borough Clerk ( ~) FROM: Claudia Feltman, Borough Clerk Assistant~p)

DATE: September 4, 2013

RE: Verification of Road Service Area Applicant

Pursuant to KPB 16.41.020(A}, the applicant listed below has been verified as a registered voter of the Borough and resides within the road service area.

ROAD SERVICE AREA BOARD AT-LARGE SEAT

Stan (Sam) Mclane

103 S. A. Mclane 36745 Chinulna Drive Kenai, Alaska 99611

22 August 2013

Kenai Peninsula Borough Office of Mayor Mike Navarre 144 N. Binkley Street Soldotna, Alaska 99669

Subject: Road Service Area Board

Dear Mayor Navarre,

As you know, I've served on the Road Service Area board for a number of years. I respectfully request consideration for another term as an at-large member.

The Kenai Peninsula Borough is a great place to live and work. Giving back to the community is important ~o me and I think my borough-wide experience is valuable to the service area.

Sincerely,

S. A. Sam Mclane

104 KENAI PENINSULA BOROUGH PLANNING DEPARTMENT 144 North Binkley Street • Soldotna, Alaska 99669-7520 PHONE: (907) 714-2200 • FAX: (907) 714-2378 Toll-free within the Borough: 1-800-478-4441, Ext. 2200 www.borouqh.kenai.ak.us

MIKE NAVARRE BOROUGH MAYOR MEMORANDUM

TO: Linda Murphy, Assembly President Kenai Peninsula Borough Assembly Members

FROM: Max Best, Planning Director~

DATE: August28, 2013

SUBJECT: Vacate a portion of Jobber Street, (formerly Banta Street changed by PC Resolution No. 2010-10}, a 66-foot right-of-way easement. The 33-foot right-of-way along the west boundary of Government Lot 56 and the 33-foot right-of-way along the east boundary of Government Lots 57 and 58 and vacate any associated utility easements; within Section 23, Township 6 North, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; said Government Lots shown on BLM Dependent Resurvey of Sections 14 and 23, Township 6 North, Range 12 West, Seward Meridian and accepted July 8, 1954; Location: On Jobber Street in Kenai; KPB File 2013-123

In accordance with AS 29.40.140, no vacation of a Borough right-of-way and/or easement may be made without the consent of the Borough Assembly.

During their regularly scheduled meeting of August 26, 2013 the Kenai Peninsula Borough Planning Commission granted approval of the proposed vacation by unanimous consent based on the following findings of fact. This petition is being sent to you for your consideration and action.

Findings 1. Sufficient rights-of-way exist to serve surrounding properties. 2. No surrounding properties will be denied access. 3. Per KPB GIS mapping, the right-of-way does not appear to be in use for utilities. 4. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 5. To date, two utility companies have provided statements of non-objection. 6. The present block is too short per KPB 20.20.160. 7. The proposed vacation would bring the block closer to compliance with 20.20.160. 8. Alternate access is provided by Borough maintained rights-of-way 66-foot Sandy Lane, 66-foot Galankin Street, and 61/66-foot Thunder Road. 9. The Planning Commission approved vacating Jobber Street from Sandy Lane to Thunder Road on November 14, 1994. 10. The Assembly concurred with the Commission's approval of the vacation on November 29, 1994.

The Assembly has 30 days from August 26, 2013 in which to veto the decision of the Planning Commission. If the Commission receives no veto within the 30-day period, the decision of the Commission will stand.

Draft, unapproved minutes of the pertinent portion of the meeting and other related materials are attached. cc: petitioners' w/minutes only

105 AGENDA ITEM F. PUBLIC HEARINGS

1. Vacate a portion of Jobber Street, (formerly Banta Street changed by PC Resolution No. 2010-10), a 66-foot right-of-way easement. The 33-foot right-of-way along the west boundary of Government Lot 56 and the 33-foot right-of-way along the east boundary of Government Lots 57 and 58 and vacate any associated utility easements; within Section 23, Township 6 North, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; said Government Lots shown on BLM Dependent Resurvey of Sections 14 and 23, Township 6 North, Range 12 West, Seward Meridian and accepted July 8, 1954; Location: On Jobber Street in Kenai; KPB File 2013-123

Staff Report given by Max Best PC Meeting: 8/26/13

Purpose as stated in petition: The vacation of Jobber Street will allow for better use of the land. The ROW does not provide any needed access to lots. This vacation will finalize a previous ROW vacation that was approved at the KPB planning commission meeting of November 14, 1994, but was never finalized.

Petitioner: Kenneth R. Puch of Kenai, Alaska.

Notification:

Public notice was published in the August 15 and August 22, 2013 issues of the Peninsula Clarion.

Seven certified mailings were sent to owners of property within 300 feet of the parcels. Four receipts have been returned. One notice was returned due to a bad address.

Fourteen regular mailings were sent to agencies and interested parties. Five notices were sent to KPB Departments. Notices were mailed to the Kenai Post Office and Kenai Community Library to be posted in public locations. The notice and maps were posted on the Borough bulletin board and Planning Department public hearing notice web site.

Comments Received:

ENSTAR: No comments, recommendations, or objections.

Homer Electric Association: Reviewed/no comments.

KPB Floodplain Administrator: This vacation is not within the KPB regulatory Special Flood Hazard Area but possibly within the Kenai city limits, which has its own authority. Platting staff comments: The property is outside the Kenai City limits.

Background:

The Planning Commission approved the vacation of Banta Street (later renamed Jobber Street) from Sandy Lane to Thunder Road on November 14, 1994. The Assembly concurred with the Commission's decision on November 29. However, that seems to be the last KPB action on this project.

A letter from Surveyor Mike Swan stated a final plat had not been submitted so the vacation had not been finalized. Per KPB 20.28.120, if a final plat is not submitted within a year of vacation approval, the approval is void. Mr. Swan tried tore-initiate the vacation process in 1999 but was apparently unsuccessful.

Eventually, the file was purged due to inactivity.

Staff Discussion:

The plat that will finalize the vacation if it is approved is scheduled for Plat Committee review on August 26, 2013.

KENAI PENINSULA BOROUGH PLANNING COMMISSION AUGUST 26, 2013 MEETING MINUTES PAGE4

UNAPPROVED MINUTES 106 If the vacation is approved, staff would not recommend a cul-de-sac bulb (20.20.090) for the end of Jobber Street. The three parcels adjoining the area where a cul-de-sac would be located have access off Thunder Road and/or the Kenai Spur Highway. Google Earth 2010 imagery and KPB Imagery dated 2012 indicates the area through which Jobber Street extends is used for storage, supporting the petition that the right-of-way is not needed for access.

Findings: 1. Sufficient rights-of-way exist to serve surrounding properties. 2. No surrounding properties will be denied access. 3. Per KPB GIS mapping, the right-of-way does not appear to be in use for utilities. 4. All subdivision pl~ts finalizing vacations are sent to utility companies for review and easement requirements. 5. To date, two utility companies have provided statements of non-objection. 6. The present block is too short per KPB 20.20.160. 7. The proposed vacation would bring the block closer to compliance with 20.20.160. 8. Alternate access is provided by Borough maintained rights-of-way 66-foot Sandy Lane, 66-foot Galankin Street, and 61/66-foot Thunder Road. 9. The Planning Commission approved vacating Jobber Street from Sandy Lane to Thunder Road on November 14, 1994. 10. The Assembly concurred with the Commission's approval of the vacation on November 29, 1994.

STAFF RECOMMENDATION: Based on the above findings, staff recommends approval of the vacation as petitioned, subject to:

1. Submittal of a final plat in accordance with Chapter 20 of the KPB Code within one year of vacation approval.

If the vacation is approv,d, the Kenai Peninsula Borough Assembly has thirty days in which they may veto Planning Commission approval of the vacation.

DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [20.28.110 AS AMENDEq BY KENAI PENINSULA BOROUGH ORDINANCE 99-43].

END OF STAFF REPORT

Chairman Bryson read the rules by which public hearings are conducted.

Chairman Bryson opened the meeting for public comment. Seeing and hearing no one wishing to speak, Chairman Bryson closed the public comment period and opened discussion among the Commission.

MOTION: Commissioner Foster moved, seconded by Commissioner Collins to approve the vacation of a portion of Jobber Street thereby granting the vacation as petitioned based on the following findings of fact.

Findings: 1. Sufficient rights-of-way exist to serve surrounding properties. 2. No surrounding properties will be denied access. 3. Per KPB GIS mapping, the right-of-way does not appear to be in use for utilities. 4. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 5. To date, two utility companies have provided statements of non-objection. 6. The present block is too short per KPB 20.20.160. 7. The proposed vacation would bring the block closer to compliance with 20.20.160.

KENAI PENINSULA BOROUGH PLANNING COMMISSION AUGUST 26, 2013 MEETING MINUTES PAGE5

UNAPPROVED MINUTES

107 8. Alternate access is provided by Borough maintained rights-of-way 66-foot Sandy Lane, 66-foot Galankin Street, and 61/66-foot Thunder Road. 9. The Planning Commission approved vacating Jobber Street from Sandy Lane to Thunder Road on November 14, 1994. 10. The Assembly concurred with the Commission's approval of the vacation on November 29, 1994.

VOTE: The motion passed by unanimous consent.

BRYSON CARLUCCIO COLLINS ECKLUND FOSTER GROSS HOLSTEN YES YES YES YES YES YES YES ISHAM LOCKWOOp MARTIN RUFFNER TAURIAINEN WHITNEY 12YES YES YES ABSENT YES YES YES 1 ABSENT

AGENDA ITEM F. PUBLIC HEARINGS

2. Vacate the west 400 feet more or less, of Wharf Avenue, (changed from Boundary Avenue by PC Resolution No. 2005-15), a 33-foot public right-of-way located at the west end of the Wharf Avenue. This area lies alo11g the south boundary of Lot 1 dedicated by Clearwater Subdivision amended (Plat KN 92-47) and also shown on (Plat KN 2005-126); located within Section 28, Township 5 North, Range 9 West, Seward Meridian, Alaska within the Kenai Peninsula Borough. AND Vacate the 33-feet of the 83-foot section line easement that lies adjacent and underlies the above proposed right-of-way vacation along the south boundary of Lot 1 of Clearwater Subdivision amended (Plat KN 92-47), located within Section 28, Township 5 North, Range 9 West, S.M. Alaska and within the Kenai Peninsula Borough. KPB File 2013-125 & 2013-126

Note: The remaining 50-feet of the 83-foot section line easement will allow for public access to the river.

On Wharf Avenue in Funny River Road area.

Staff Report given by Max Best PC Meeting: 8/26/13

Staff Discussion:

To save money on postage, notices, and newspaper expenses, staff combined the procedures for the right-of­ way and section line easement vacation petitions to the extent possible. Notices for both vacation actions were distributed, mailed, and published per KPB Code.

Findings for each action have been separated. Staff will recommend an exception for the approval timeline for the section line easement vacation to try to ensure no time extension request(s) will be required.

Two plats are required for the proposed vacations. A right-of-way vacation plat will be prepared for the vacation of Wharf Avenue, A Section Line Easement Vacation Plat will be prepared for the 33-foot section line easement.

Purpose as stated in petition: Petitioner has a driveway within the ROW. This ROW has not been used as a public access to the river.

Petitioners: James L. and Virginia A. Harpring of Soldotna, Alaska.

Notification:

Public notice appeared in the August 15 and August 22, 2013 issues of the Peninsula Clarion.

Five certified mailings were sent to owners of property within 300 feet of the parcels. Four receipts had been

KENAI PENINSULA BOROUGH PLANNING COMMISSION AUGUST 26, 2013 MEETING MINUTES PAGE6

UNAPPROVED MINUTES

108 KENAI PENINSULA BOROUGH PLANNING DEPARTMENT 144 North Binkley Street • Soldotna, Alaska 99669-7520 PHONE: (907) 714-2200 • FAX: (907) 714-2378 Toll-free within the Borough: 1-800-478-4441, Ext. 2215 www.borough.kenai.ak.us

MIKE NAVARRE BOROUGH MAYOR August 28, 2013

KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF DECISION

MEETING OF AUGUST 26, 2013

RE: Vacate a portion of Jobber Street, (formerly Banta Street changed by PC Resolution No. 2010-1 0), a 66-foot right-of-way easement. The 33-foot right-of-way along the west boundary of Government Lot 56 and the 33-foot right-of-way along the east boundary of Government Lots 57 and 58 and vacate any associated utility easements; within Section 23, Township 6 North, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; said Government Lots shown on BLM Dependent Resurvey of Sections 14 and·23, Township 6 North, Range 12 West, Seward Meridian and accepted July 8, 1954; Location: On Jobber Street in Kenai; KPB File 2013-123

During their regularly scheduled meeting of August 26, 2013 the Kenai Peninsula Borough Planning Commission granted approval of the proposed vacation based on the following findings of fact.

Findings: 1. Sufficient rights-of-way exist to serve surrounding properties. 2. No surrounding properties will be denied access. 3. Per KPB GIS mapping, the right-of-way does not appear to be in use for utilities. 4. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 5. To date, two utility companies have provided statements of non-objection. 6. The present block is too short per KPB 20.20.160. 7. The proposed vacation would bring the block closer to compliance with 20.20.160. 8. Alternate acces!) is provided by Borough maintained rights-of-way 66-foot Sandy Lane, 66-foot Galankin Street, and 61/66-foot Thunder Road. 9. The Planning Commission approved vacating Jobber Street from Sandy Lane to Thunder Road on November 14, 1994. 10. The Assembly concurred with the Commission's approval of the vacation on November 29, 1994.

In accordance with AS 29.40.140, no vacation of a Borough right-of-way and/or easement may be made without the consent of the Borough Assembly. The proposed vacation will be forwarded to the Borough Assembly. The Assembly shall have 30 calendar days from the date of approval (August 26, 2013) in which to veto the Planning Commission decision. If the Planning Director receives no veto within the specified period, the Assembly shall be considered to have given consent to the vacation.

109 Please contact the Borough Clerk's office (907-714-2160 or 1-800-478-4441 toll-free within the borough) for additional information.

This notice and unapproved minutes of the subject portion of the meeting were sent August 28, 2013 to:

Kenneth Puch Integrity Surveys PO Box 1591 820 Set Net Dr. Kenai, AK 99611-1591 Kenai, AK 99611

Michael Swan PO Box987 Soldotna, AK 99669

110 AGENDA ITEM F. PUBLIC HEARINGS ( 1. Vacate a portion of Jobber Street, (formerly Banta Street changed by PC Resolution No. 2010-1 0), a 66-foot right-of-way easement. The 33-foot right-of-way along the west boundary of Government Lot 56 and the 33-foot right-of-way along the east boundary of Government Lots 57 and 58 and vacate any associated utility easements; within Section 23, Township 6 North, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; said Government Lots shown on BLM Dependent Resurvey of Sections 14 and 23, Township 6 North, Range 12 West, Seward Meridian and accepted July 8, 1954; Location: On Jobber Street in Kenai; KPB File 2013-123

STAFF REPORT PC Meeting: 8/26/13

Purpose as stated in petition: The vacation of Jobber Street will allow for better use of the land. The ROW does not provide any needed access to lots. This vacation will finalize a previous ROW vacation that was approved at the KPB planning commission meeting of November 14, 1994, but was never finalized.

Petitioner: Kenneth R. Puch of Kenai, Alaska.

Notification:

Public notice was published in the August 15 and August 22, 2013 issues of the Peninsula Clarion.

Seven certified mailings were sent to owners of property within 300 feet of the parcels. Four receipts have been returned. One notice was returned due to a bad address.

Fourteen regular mailings were sent to agencies and interested parties. Five notices were sent to KPB Departments. Notices were mailed to the Kenai Post Office and Kenai Community Library to be posted in public locations. The notice and maps were posted on the Borough bulletin board and Planning Department public hearing notice web site.

Comments Received:

ENSTAR: No comments, recommendations, or objections.

Homer Electric Association: Reviewed/no comments.

KPB Floodplain Administrator: This vacation is not within the KPB regulatory Special Flood Hazard Area but possibly within the Kenai city limits, which has its own authority. Platting staff comments: The property is outside the Kenai City limits.

Background:

The Planning Commission approved the vacation of Banta Street (later renamed Jobber Street) from Sandy Lane to Thunder Road on November 14, 1994. The Assembly concurred with the Commission's decision on November 29. However, that seems to be the last KPB action on this project.

A letter from Surveyor Mike Swan stated a final plat had not been submitted so the vacation had not been finalized. Per KPB 20.28.120, if a final plat is not submitted within a year of vacation approval, the approval is void. Mr. Swan tried tore-initiate the vacation process in 1999 but was apparently unsuccessful.

Eventually, the file was purged due to inactivity.

Staff Discussion:

The plat that will finalize the vacation if it is approved is scheduled for Plat Committee review on August 26, 2013.

111 1() If the vacation is approved, staff would not recommend a cul-de-sac bulb (20.20.090) for the end of Jobber ( Street. The three parcels adjoining the area where a cul-de-sac would be located have access off Thunder Road and/or the Kenai Spur Highway. Google Earth 2010 imagery and KPB Imagery dated 2012 indicates the area through which Jobber Street extends is used for storage, supporting the petition that the right-of-way is not needed for access.

Findings: 1. Sufficient rights-of-way exist to serve surrounding properties. 2. No surrounding properties will be denied access. 3. Per KPB GIS mapping, the right-of-way does not appear to be in use for utilities. 4. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 5. To date, two utility companies have provided statements of non-objection. 6. The present block is too short per KPB 20.20.160. 7. The proposed vacation would bring the block closer to compliance with 20.20.160. 8. Alternate access is provided by Borough maintained rights-of-way 66-foot Sandy Lane, 66-foot Galankin Street, and 61/66-foot Thunder Road. . 9. The Planning Commission approved vacating Jobber Streetfrom Sandy Lane to Thunder Road on November 14, 1994. 10. The Assembly concurred with the Commission's approval of the vacation on November 29, 1994.

STAFF RECOMMENDATION: Based on the above findings, staff recommends approval ofthe vacation as petitioned, subject to:·

1. Submittal of a final plat in accordance with Chapter 20 of the KPB Code within one year of vacation approval.

· if the vacation is approved, the Kenai Peninsula Borough Assembly has thirty days in which they may ( veto Planning Commission approval of the vacation.

DENIAl OF A VACATION PETITION IS A FINAL ~CT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION ·-DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [20.28.11 0 AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99-43].

END OF STAFF REPORT

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~"'""" .··rg""~.>:·norsonlhlsmap.VicinityA,ap ~ Date: 7/2/2013 ~~ ~' • ~ • !< ,.---, X1 '-:.-~~~!~.~--.•h·--·~---~- ..~ ' ...·,·· ...... , ...... ___ .~------'~·-"'·· ....-.:...... ·~-·-... ····-.<-,,.t;, ·--' : ...••.• \& ..0 .• _;;._,,., .•.•... ::.,.•.• :,.. :::;.__ / ~--.. ~---~------.--...... ···-····-----·· ...... -~.. .-·...... ~~~ .,...~~~"!"-.. JJiij GENERAL CONTRACTOR • Lic.ensed • Bonded Sweppy, Maria r· om: dN'UCM OONmlUc.no~ Jdnt: Ken Puch ·· To: [email protected] Subject: Cell: 252-7193 Ph/Fax: 283-37 47

Good afternoon Mr. Puch,

Thank you for dropping off the Planning Commiss.ion meeting minutes for the Banta Street vacation! Being able to search our database using the KPB File number was a lot of help. I left a voice mail message earlier today, but I thought I would follow up with an email so you would have all my contact information.

The Planning Commission approved the vacation of a portion of Banta Street on November 14, and the Assembly concurred with the Commission's decision on November 29, 1994. However, that seems to be the last action on this project. Mike Swan's letter states a final plat was not submitted. Per KPB 20.28.120, if a final plat is not submitted within a year of vacation approval, the approval is voi.d.

In the past we held unfinished files for a number of years. At some point, we notified the surveyor and land owner that they needed to pursue finalizing their project and gave them a deadline to resp~nd. We did not then, nor have we now, the space to hold inactive files indefinitely. If no response was received, the file was destroyed, which occurred in this case. Our subdivision database says the file was destroyed with no other details. I was told Sylvia Miller may have a separate database for files that have been destroyed. She is on leave this week but will be back next Tuesday. I'll ask her about it when she returns. ( uur computer capacity and capability have greatly improved over what we had 19 years ago. Now if we need to destroy files due to excessive inactivity, I plan to scan the entire file and save it to a department drive so any of our staff can look it up if questions arise in the future.

Let me know if you have any other questions.

Maria Sweppy Platting Specialist Planning Department Kenai Peninsula Borough 144 North Binkley Street Soldotna, Alaska 99669 Phone: 907-714-2202 Fax: 907-714-2378 www.borough.kenai.ak.us/planningdept

1 18 119 Kenai Peninsula Borough Planning Department 144 North Binkley · Soldotna, Alaska 99669-7599 Ii5). rE: fB:: fC: nW/7n:::fj)\ Toll free within the Borough 1·800-478-4441, etnl~\)f;U W [f;l.!:::il {907) 714-2200 . Petition to Vacate Public Right-of-Way I Section Line EasQOl_ent- '2013 ( Public Hearing Required H KENAI PENINSULA BOROUG . Upon receipt of complete application with fees and all required attachments; a public h~~~lffi't~T~~~b Commission will be scheduled. The petition with all required information and attachments must be in the Planning Department at least 30 days prior to the preferred hearing date. By State Statute and Borough Code, the public hearing must be scheduled within 60 days of receipt of complete application.

0 Fees • $500 non-refundabie fees to help defray costs of advertising public hearing. Plat fees will be in addition to vacation fees. 0 City Advisory Planning Commission. Copy of minutes at which this item was acted on, along with a copy of City Staff Report. · 0 Name of public right-of-way proposed to be vacat~d is Jobber Street ; dedicated by plat of ~-....,..---~-.-.,,----·- Subdivision, filed as Plat No. in Recording District. ~ Are there associated utility easements to be vacated? [dYes DNo 0 Are easements in use by any utility company, if so which? . 0 Easement for public road or right-of-way as set out in {specify type of document) as recorded in Boot< ___ Page ___ of the Recording District. {Copy of recorded document must be submitted with petition.) Section Line Easement. Width of easement must lja shown on sketch. . ~ a Submit tliree copies of plat or map showing area proposed to be vacated. Must not ex e ~·nches in size. In the case of public right-of-way the. submittal musl include a sketch showing which parcels t ea will be attached to. Proposed alternative dedication is to be shown and labeled on the sketch. ~lln-'> Has right-of-way been fully or partially constructed? ~es [}Jo . /1 W~ Is right-of-way used by vehicles I pedestrians I other? . es [}Jo /r#o.. t!(J! ~'jN-. Has section line easement been constructed? es Olio ....,-4/ I. '!:dJ Is section line easement being used? es · [}Jo P~. ..q,\/'~.v. ' <'01.9 , Is altemative·right-of-way being provided? DYes 0No w~;"'~u,. . ()~""113 The petitioner must provide reasonable justification for the vacation. Reason for vacating: :.o"~li"J;0 ~olt. The vacation of Jobber Street will allow for better use of the land. The ROW does not pro~ needed .access to lots. This vacation will finalize a previous ROW vacation that was approved at the KPB planning commission meeting of Nov. 14, 1994 but was never finalized.

The petition must be signed {written signature) by owners of majority of the front feet of land fronting part of the right-of-way or section line easement proposed to be vacated. Each must include address and legal description of his I her property.

Submitted by: Signature-=-=-"""-''--''--'~-\\--'~ As 0Petitioner 0Representative Name Scott Huff- Integrity Surve Address 820 Set Net Dr. Kenai, AK 99611

Phone 283-9047

Petitioners:

Sigo•tu~;(;.~ Signature ______Name Ken Puch . Name Address PO Box 1591 Address Kenai, AK 99611

Owner of lot 57, lot 58, lot 56 Owner of ______~---

Signature------­ Signature------­ Name Name Address Address

Owner of ______Ownerof ______

ROW I Section Line Easement Vacation Petition- Revised 9/23/11

19 120 Voeller, Paul

-om: Giefer, Joe (DFG) [email protected]] .:nt: Friday, August 23, 2013 1:38 PM To: Voeller, Paul Cc: Litchfield, Ginny; Bethe, Michael L (DFG) Subject: KPB File #2013-123: Proposed vacation Jobber Street

Paul,

The Alaska Department of Fish & Game (ADF&G) has reviewed the proposed vacation of a portion of Jobber Street (formerly Banta Street), a 66-foot wide right-of-way easement and any associated utility easements, located in Section 23, T. 6 N., R. 12 W., S.M., Alaska. There do not appear to be any actions that would block or remove public access to public·lands or waters. ADF&G has no objection to the vacation as proposed. Thank you for the opportunity to review and comment on this proposal. If you have questions or would like to discuss this further, please feel free to call or email me.

Joe Giefer Habitat Biologist Alaska Dept. of Fish & Game Division of Sport Fish 333 Raspberry Road, Anchorage AK 99518 907-267-2336

1 JCf-1 121 KENAI PENINSULA BOROUGH PLANNING DEPARTMENT 144 North Binkley Street • Soldotna, Alaska 99669-7520 PHONE: (907) 714-2200 • FAX: (907) 714-2378 Toll-free within the Borough: 1-800-478-4441, Ext. 2200 www.borough.kenai.ak.us

MIKE NAVARRE BOROUGH MAYOR MEMORANDUM

TO: Linda Murphy, Assembly President Kenai Peninsula Borough Assembly Members

FROM: Max Best, Planning Directorf(6

DATE: August 28, 2013

SUBJECT: Vacate the 33-feet of the 83-foot section line easement that lies adjacent and underlies the above proposed rigpt-of-way vacation along the south boundary of Lot 1 of Clearwater Subdivision amended (Plat KN 92-47), located within Section 28, Township 5 North, Range 9 West, S.M. Alaska and within the Kenai Peninsula Borough. KPB File 2013-125 & 2013-126

Note: The remaining 50-feet of the 83-foot section line easement w111 allow for public access to the river.

On Wharf Avenue in Funny River Road area.

In accordance with AS 29.40.140, no vacation of a Borough right-of-way and/or easement may be made without the consent of the Borough Assembly.

During their regularly scheduled meeting of August 26, 2013 the Kenai Peninsula Borough Planning Commission recommended a four year approval of the proposed section line easement vacation by majority consent (Bryson, Yes; Carluccio, Yes; Collins, Yes; Ecklund, Yes; Foster, Yes; Gross, Yes; Holsten, No; Isham, Yes; Lockwood, Yes; Martin, Absent, Ruffner, Yes; Tauriainen, Yes; Whitney, Yes) based on the following findings of fact. This petition is being sent to you for your consideration and action.

Findings: 1. Per the submittal, the section line easement has been partially constructed. 2. Per the submittal, the section line easement is in use for access as a driveway for Lot 1A. 3. Thirty-three feet of the 83-foot section line easement is proposed to be vacated. 4. If the vacation is approved, 50 feet of the section line easement will remain. 5. Per KPB GIS mapping, the portion of the section line easement proposed for vacation does not appear to be in u~e by utility providers. 6. ENSTAR and Homer Electric Association submitted statements of non-objection. 7. State Department of Natural Resources owns the 159-acre parcel south of the section line easement proposed to be vacated. 8. State Division of Parks and Outdoor Recreation manages the 159-acre State-owned parcel. 9. State Division of Parks and Outdoor Recreation submitted a statement of non-objection to the proposed vacation. 10. The section line easement provides public access to the Kenai River, a public waterbody. 11. Access to the Kenai River will still be available via the remaining 50-foot section line easement. 12. The portion of the section line easement proposed for vacation is affected by a mapped flood hazard zone. 13. The portion of section line easement proposed for vacation is within the Anadromous Stream Habitat Protection District.

122 14. All vacation plats are sent to utility providers for review and comment. 15. Sufficient rights-of-way exist to serve the surrounding acreage parcels. 16. No surrounding acreage parcels will be denied access.

The Assembly has 30 days from August 26, 2013 in which to veto the decision of the Planning Commission. If the Cqmmission receives no veto within the 30-day period, the decision of the Commission will stand.

Draft, unapproved minutes of the pertinent portion of the meeting and other related materials are attached. cc: petitioners' w/minutes only

123 AGENDA ITEM F. PUBLIC HEARINGS

2. Vacate the west 400 feet more or less, of Wharf Avenue, (changed from Boundary Avenue by PC Resolution No. 2005-15), a 33-foot public right-of-way located at the west end of the Wharf Avenue. This area lies alo11g the south boundary of Lot 1 dedicated by Clearwater Subdivision amended (Plat KN 92-47) and also shown on (Plat KN 2005-126); located within Section 28, Township 5 North, Range 9 West, Seward Meridian, Alaska within the Kenai Peninsula Borough. AND Vacate the 33-feet of the 83-foot section line easement that lies adjacent and underlies the above proposed right-of-way vacation along the south boundary of Lot 1 of Clearwater Subdivision amended (Plat KN 92-47), located within Section 28, Township 5 North, Range 9 West, S.M. Alaska and within the Kenai Peninsula Borough. KPB File 2013-125 & 2013-126

Note: The remaining 50-feet of the 83-foot section line easement will allow for public access to the river.

On Wharf Avenue in Funny River Road area.

Staff Report given by Max Best PC Meeting: 8/26/13

Staff Discussion:

To save money on postage, notices, and newspaper expenses, staff combined the procedures for the right-of­ way and section line easement vacation petitions to the extent possible. Notices for both vacation actions were distributed, mailed, and published per KPB Code.

Findings for each action have been separated. Staff will recommend an exception for the approval timeline for the section line easement vacation to try to ensure no time extension request(s) will be required.

Two plats are required for the proposed vacations. A right-of-way vacation plat will be prepared for the vacation of Wharf Avenue, A Section Line Easement Vacation Plat will be prepared for the 33-foot section line easement.

Purpose as stated in petition: Petitioner has a driveway within the ROW. This ROW has not been used as a public access to the river.

Petition!j!rs: James L. and Virginia A Harpring of Soldotna, Alaska.

Notification:

Public notice appeared in the August 15 and August 22, 2013 issues of the Peninsula Clarion.

Five certified mailings were sent to owners of property within 300 feet of the parcels. Four receipts had been returned when the staff report was prepared.

Fifteen regular mailings were sent to agencies and interested parties. Five notices were sent to KPB Departments. Notices were mailed to the Soldotna Post Office and Soldotna Community Library to be posted in public locations. The notice and maps were posted on the Borough web site and bulletin board.

Comments Applicable to the Right-of-way and Section Line Easement Vacation:

Homer Electric Association: Reviewed/no comments.

ENSTAR: No comments, recommendations, or objections.

KPB Floodplain Administrator: A portion of this vacation is within KPB (regulatory) Special Flood Hazard Area

KENAI PENINSULA BOROUGH PLANNING COMMISSION AUGUST 26, 2013 MEETING MINUTES PAGE6

UNAPPROVED MINUTES 124 and floodway. The floodway is that portion of the floodplain that must be reserved for the base flood discharge. Areas within the Special Flood Hazard Area and floodway have development standards that must be met with permitting under KPB Chapter 21.06.

A. RIGHT OF WAY YACATION

Petitioners' Reasons for Vacating Easement [and right.:.of-wayl: 1. Petitioner has maintained this element of Wharf Ave for the past 28 years as an extension to existing driveway. Borough has not maintained the road as it was just a "cat blade road" when petitioner purchased property. 2 Except for petitioner this area is not used by the public to gain access to the Kenai River since this area is closed to fishing from the bank by the Department of Natural Resources (DNR), State of Alaska. 3. No vehicles use Wharf Avenue as it is a dead end avenue. 4. Petitioner has experienced issues with individuals using Wharf Avenue to dump raw sewage and trash in the area during the summer months. 5. Spring runoff flooding occasionally occurs in this area at the terminus of Water Front Way and Wharf Avenue as no road drainage improvements have been initiated by the Kenai Peninsula Borough along Wharf Avenue. Petitioner intends to install proper culverts to eliminate this water drainage issue after easement is vacated. 6. Public access to the Kenai River will be maintained via the remaining 50 foot section easement on DNR's section line easement. 7. Utility easement only supports and impacts one property owner, i.e. petitioner's residence.

Staff Discussion:

A preliminary plat has not yet been submitted for Plat Committee review.

The Kenai River is included in the Anadromous Stream Habitat Protection District. Activities, such as road construction, within the District are subject to KPB 21.18.

Findings: 1. Sufficient rights-of-way exist to serve surrounding properties. 2. No surrounding properties will be denied access. 3. Per the submittal, the right-of-way proposed has been partially constructed. 4. Per the submittal, the right-of-way is in use for driveway access for the owners of Lot 1A. 5. Per KPB GIS mapping, the right-of-way proposed for vacation does not appear to be in use for utilities. · · 6. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 7. To date, two utility companies have provided a letter of no comment or no objection. 8. Wharf Avenue, a 33-foot right-of-way, was dedicated by KN 1992-47. 9. The underlying s~ction line easement is 83 feet wide. 10. If the vacations are approved as petitioned, a 50-foot section line easement will remain in place for access to the Kenai River. 11. The State Department of Natural Resources owns the 159 acre parcel south of the right-of-way and section line easement proposed to be vacated. 12. If the vacations are approved as petitioned, alternative access to the Kenai River will be via the 50- foot section line easement within the DNR parcel to the south. 13. The portion of Wharf Avenue proposed for vacation is affected by a mapped flood hazard zone. 14. The portion of Wharf Avenue proposed for vacation is within the Anadromous Stream Habitat Protection District.

STAFF RECOMMENDATION: Based on Findings 1, 2, and 5-12, staff recommends approval of Wharf Avenue vacation as petitioned, subject to:

KENAI PENINSULA BOROUGH PLANNING COMMISSION AUGUST 26, 2013 MEETING MINUTES PAGE7

UNAPPROVED MINUTES

125 1. Submittal of a preliminary plat in accordance with Chapter 20 of the KPB Code. 2. Submittal of a final plat in accordance with Chapter 20 of KPB Code within one year of vacation approval.

If the vacation is approv~d, the Kenai Peninsula Borough Assembly has thirty days in which they may veto Planning Commission approval of the vacation.

DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [20.28.110 AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99-43].

B. SECTION LINE EASEMENT VACATION

Comments for Section Line Easement Vacation:

State Department of Natural Resources/Division of Parks & Outdoor Recreation: The Division of Parks and Outdoor Recreation has nt;> objection to your proposal to vacate 33 feet of the 83 foot section line easement that lies adjacent to Lot 1A ofthe Clearwater Subdivision and is located between Sections 28 and 33, T 5N, R9W, Seward Meridian. Public access to the Kenai River will not be negatively impacted by this easement vacation because the lands to the south are managed by the Division of Parks & Outdoor Recreation and allow for public access to the river. In addition, the remaining 50 feet of the section line easement will also allow for public access to the river.

Staff Discussion:

Per KPB GIS mapping, the 159-acre DNR parcel to the south is not included in the Kenai Area Plan.

Comments from the State Department of Natural Resources (DNR) and State Department of Transportation (DOT) were not available when the staff report was prepared. DNR and DOT, not the Division of Outdoor Parks and Recreation, sigr Section Line Easement Vacation Plats.

Exception Requested by Staff:

Based on a comparison between section line easement vacation plat approvals by the Planning Commission and the date the section line easement vacation plats are recorded, section line easement review and approval by State DNR has been shown to be a lengthy process. The additional time will allow the petitioner time to work with the State's process and likely not require the petition to be brought back to the Commission for a time extension request.

Staff emailed the surveyor regarding the submittal of a Section Line Easement Vacation Platto the State.

Exception: KPB 20.28.120 [If a final plat is not presented to the planning commission within one year of the vacation approval, the approval will be deemed void. No time extensions shall be granted.].

Based on the time between section line easement vacation plat reviews and the date the plat is recorded as well as several time extensions requested for previous section line easement vacation plats, an exception to the standard one-year vacation approval is needed.

Staff recommends the exception to 20.28.120 be handled in a separate motion from the motion for the proposed vacation.

Findings for the Exception 1. Based on a comparison between section line easement vacation plat approvals by the Planning Commission and the date the section line easement vacation plats are recorded, the section line

KENAI PENINSULA BOROUGH PLANNING COMMISSION AUGUST 26, 2013 MEETING MINUTES PAGES

UNAPPROVED MINUTES 126 easement review and approval by State DNR is a years-long process. 2. Section line easements are under the regulation of the State of Alaska. 3. The Borough action on the vacation will be advisory to the State of Alaska 4. Section line easement vacations are finalized with a State Easement Vacation Plat. 5. Section Line Easement Vacation Plats must be approved and signed by the State of Alaska. 6. No information was available to staff regarding whether a Section Line Easement Vacation Plat has been submitted to the State. 7. To date, Section Line Easement Vacation approvals granted a 4-year approval have not needed to be brought back to the Planning Commission for a time extension request.

Staff reviewed the exception and recommends granting approval to the exception. Staff recommends the Commission select the fi'ldings they determine are applicable, make additional findings if needed, tie the findings to the following facts, and vote on the exception in a separate motion.

20.24.010 provides that the Commission may authorize exceptions to any of the requirements setforth in Title 20. This section also states - The Commission shall find the following facts before granting any exceptions:

1. That special circumstances or conditions affecting the property have been shown by application Findings 1-7 su~port this fact.

2. That the exception is necessary for the preservation and enjoyment of a substantial property right and is the most practical manner of complying with the intent of this title; Findings 1-7 support this fact.

3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated. Findings 1-7 support this fact.

Findings for the Section Line Easement Vacation 1. Per the submittal, the section line easement has been partially constructed. 2. Per the submittal, the section line easement is in use for access as a driveway foflot 1A. 3. Thirty-three feet of the 83-foot section line easement is proposed to be vacated. 4. If the vacation is qpproved, 50 feet of the section line easement will remain. 5. Per KPB GIS mapping, the portion of the section line easement proposed for vacation does not appear to be in use by utility providers. 6. ENSTAR and Homer Electric Association submitted statements of nonobjection. 7. State Department of Natural Resources owns the 159-acre parcel south of the section line easement proposed to be vacated. 8. State Division of Parks and Outdoor Recreation manages the 159-acre State-owned parcel. 9. State Division of Parks and Outdoor Recreation submitted a statement of nonobjection to the proposed vacation. 10. The section line easement provides public access to the Kenai River, a public waterbody. 11. Access to the Kenai River will still be available via the remaining 50-foot section line easement. 12. The portion of the section line easement proposed for vacation is affected by a mapped flood hazard zone. 13. The portion of section line easement proposed for vacation is within the Anadromous Stream Habitat Protection District. 14. All vacation plats are sent to utility providers for review and comment. 15. Sufficient rights-of-way exist to serve the surrounding acreage parcels. 16. No surrounding acreage parcels will be denied access.

STAFF RECOMMENDATION: Based on Findings 4-9, 11, and 14-16, staff recommends granting a four-year approval for the section line easement vacation as submitted, subject to:

1. Submittal of State Easement Vacation Plat for Plat Committee review within four years of vacation approval.

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UNAPPROVED MINUTES 127 2. Compliance with any State requirements for the section line easement vacation.

If the vacation is approved, the Borough Assembly has thirty days in which they may veto Planning Commission approval of the vacation.

DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [20.28.110 AS AMENDEQ BY KENAI PENINSULA BOROUGH ORDINANCE 99-43].

END OF STAFF REPORT

Chairman Bryson opened the meeting for public comment.

1. Jim Harpbring. 35001 Water Front Way. Soldotna Mr. Harpbring and his wif~ are the petitioners for the vacation applications. He expressed concern regarding the late notice from the Alaska State Fish & Game Department.

Mr. Harpbring started this petition process in February with the Department of Natural Resources (DNR) to see if they had any verbal objections to vacating the 33 foot section line easement because the continued easement on their property would allow public access to the river. The position from DNR is that, that particular part of the river is a much protected area in that there is no fishing allowed from the bank, no trespassing on the bank, a boat cannot be locked up at the bank and no one can touch the bank.

Mr. Harpbring stated that the easement he has on his property, both the section line easement and the Wharf Ave easement is the only way that public can get to the river. There is about 15 feet of the property that adjoins his property on the south side. This is a highly regulated bank and is a very pristine area which is why DNR, after consultation concurred with his proposal to limit that easement and the use of that area.

Mr. Harpbring is trying to provide additional access and ingress to that area but it is kind of a catch 22. He believes that DNR doesn't want access and doesn't want the public in that area. The issue here is that if the petition goes through as staff recommends then there could never be a drift boat landing because there is no parking in that area. Mr. Harpbring lives at the end of the cul-de-sac so he wondered where someon~ would park a drift boat if they wanted to access the river. He believes that DNR will never vacate that area to allow parking for drift boats which is a contentious issue because there is very little drift boat parking in the area. If he had his way he would provide something at the Funny River State Recreational area because there would be ample parking with a slough that could accommodate drift boats.

Mr. Harpbring thought there wouldn't be any opposition because of the very favorable response he received from DNR. He paid $750 to the State to begin the section line easement vacation process. Mr. Harpbring was told that it could take about 2 years because this was one of those times that there probably wouldn't be objection from the State.

Mr. Harpbring stated he could provide other access across his property but to where because the State doesn't want acces~ to that property downstream from him. It is a catch 22. He understood that the State doesn't want people in there but it is a section line. By Statute he should provide an amenable other access point but if the State doesn't want people accessing that because of its pristine beauty then he was in a catch 22.

Mr. Harpbring's reasoning for the vacation request is that he has maintained that little area of Wharf Ave for over 28 years: He had installed over 28 loads of gravel to bring the road up to grade so they wouldn't get flooded in the spring wash off. Since he has done everything to maintain this section,

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UNAPPROVED MINUTES 128 they have been able to monitor the area because people have dumped raw sewage there in the past. As a neighborhood, they know who belongs in the area so they have been able to monitor the area.

Mr. Harpbring asked for the Commission's indulgence in really understanding the situation. He understood that QNR will never put parking in there for drift boats and drift boats can't park there because it is the E!!nd of a cul-de-sac. He was available to answer questions.

Chairman Bryson asked if there were questions for Mr. Harpbring.

Commissioner Holsten asked what the harm would be to him to have the area remain as is. She stated it sounds like this area is a P.rotected area and nobody is using it. In essence the public would be giving him something they own. Mr. Harpbring replied it was because the Borough has never maintained the road. The road floods every spring. He intends to put a culvert in there at his expense if the right of way is vacated. All the DOT standards would be met and he would get all the necessary permits he would need to install a culvert. What happens is that the Borough pushes the snow at the end of Waterfront Way and it backups there and floods his property and garage with spring runoff. There has never been any intent to ever improve on that and he has a means to do that financially and meet the code and put in his own culvert system. Mr. Harpbring spoke with DNR who has no objection and understands his situation. The Borough creates a situation in the spring, he gets flooded and there is no means to mitigate that so at his expense he will take care of those issues as well as maintaining the road. The road goes nowhere since he is the only resident on that little part of Wharf Ave. He would like to have the latitude to improve it and bring it up to standard so that he is not flooded.

Commissioner Holsten a~ked if he has put gravel on the road. Mr. Harpbring replied yes, for 28 years. Commissioner Holsten as~ed if there has been objection to that. Mr. Harpbring replied no because the road was a cat trail. Commissioner Holsten asked if something could be worked out to put a culver in. Mr. Harpbring replied that it would be an extensive expense to the Borough to mitigate those issues. The Borough doesn't maintain it. He has tried to get some sort of gravel under base over the 28 years just to bring it up to enough of an elevation grade that he could use it as a road to get to his driveway.

Chairman Bryson noted that there were no other members of the public present. Seeing and hearing no one else wishing to speak, Chairman Bryson closed the public comment period and opened discussion among the Commission.

A. RIGHT OF WAY VACATION

MOTION: Commissioner Ruffner moved, seconded by Commissioner Holsten to vacate the west 400 foot more or less of Wharf Avenue as presented by staff.

Commissioner Ruffner felt he could not support the motion because there are roads all over the Borough that aren't maintained by the Borough. Those roads are not vacated because they don't know what the future holds. He stated there are a couple of sections in the Code that has a provision to have waterfront access. It states that waterfront access cannot be vacated unless there is equal or better access.

Commissioner Holsten agreed with Commissioner Ruffner. It sounds like the property owner is managing it and protecting the river. The commission has to think about two or three property owners in the future and what they might do with the property. She stated that it sounds like Funny River area gets hammered the way it is and they cannot see how much that use may expand in the future so they probably shouldn't go along with it.

Commissioner Tauriainen stated that it seems interesting because it seems like portions of the Code prohibits them from making a recommendation for this and yet staff recommended approval. He asked if it was the DNR letter that swayed staffs recommendation. Mr. Voeller replied that his recommendation was swayed because of a single lane driveway going down there and that a 50 foot section line easement to the south of that dedication would remain. He stated that it would not be that serious to vacate the right of way because there would still be an 83 foot section line easement underlying it.

KENAI PENINSULA BOROUGH PLANNING COMMISSION AUGUST 26, 2013 MEETING MINUTES PAGE 11

UNAPPROVED MINUTES 129 Commissioner Tauriainen understood that the section line easement is in the State's purview and the right of way easement is in the Borough's purview. He asked if the entire right of way was being proposed to be vacated. Mr. Voeller replied that there was only a half dedication on there which is the portion on the north half. Commissioner Tauriainen asked if it was the 33 foot half. Mr. Voeller replied that was correct. Commissioner Tauriainen~asked if there wouldn't be a Borough right of way dedication there if it was vacated. Mr. Voeller replied yes, that was correct. Commissioner Tauriainen stated that was his concern based on the Code. He asked if it was an issue of DNR not wanting people there. It seems that staff couldn't make a recommendation based on that part of the Code. Mr. Voeller replied that their letter of support helped staff make a positive recommendation.

Commissioner Tauriainen asked if it was a fact that it was only half of a right of way. He also asked if the Borough would develop a road with only having 33 feet. Mr. Voeller replied that it could probably be fitted in if it was flat enough. The Borough spec roads are at a minimum width of 20 foot top so it would be tight. He stated that staff felt the remaining 50 feet was plenty wide enough for people to get foot access to the river. Also DNR owns 160 acres to the south of it if they ever wanted to further develop it into a public boat launch. Commissioner Tauriainen asked if a public boat launch could be developed without DNR giving up some of their land. Mr. Voeller replied he didn't think so.

Commissioner Ecklund asked if the 33 x 300 feet of property would go to the property owner if this was vacated. Mr. Voeller replied yes, that was correct, that is where the dedication originated from.

Commissioner Carluccio asked if the dedication was required when the subdivision was put in. Mr. Voeller replied yes. Commissioner Carluccio stated that she was inclined to not support the vacation petition after she read the letter from the ~tate Habitat Biologist, Joseph Giefer who was objecting to the approval of the vacation. If there was going to be access to the river then access could certainly come through that 156 acres that is owned by DNR. Also there will still be a section line of 83 feet that will remain on the northern property. Commissioner Carluccio asked if the section line easement was under the State DNR. Mr. Voeller replied that there is an 83 foot width section line easement, 33 feet on the north half that underlies the proposed Wharf right of way vacation and 50 feet all along the southern half of that section line. Commissioner Carluccio replied that she supports granting the right of way vacation.

Commissioner Tauriainen asked if Wharf Avenue was developed. Mr. Voeller deferred to the owner.

Commissioner Tauriainen asked the commission if the owner could answer that question. Chairman Bryson asked Mr. Harpbring to aqdress the commission.

Commissioner Tauriainen asked ifWharf Avenue was developed to Funny River Rd through to his property and asked if there were encroachments on his property. Mr. Harpbring replied no, he has only added gravel to his part of the road. The other part of the road is a cat trail. It has never been touched since the original development by in 1970's. From the intersection of Wharf Avenue and Waterfront Way to Funny River Road is undeveloped. His portion of road is developed because he had to get to his property. He confirmed that there are no building encrpachments on his property.

Commissioner Tauriainen asked for clarification by his term of Cat Trail. He assumed that meant that it was a cat that pushed through a trail and knocked the trees down but did not have any bedding on it. Mr. Harpbring replied that there is no bedding and that the road was not useable 9-10 months of the year.

Commissioner Holsten asked what the $700 was for that was paid to DNR. Mr. Harpbring replied that he had numerous meetings with the DNR staff who coordinated with the Department of Transportation to proceed with the application process. They felt that this was an acceptable solution to vacate the Borough's interest in this which is why he pursued the vacations. He was told that DNR would give him a letter of non-objection so when he received the letter he went forward with this which is why he hoped to have a favorable response here. Mr. Harpbring was told that it would take 2-3 years for the State to approve the vacation of the 33 feet of the 83 foot section line easement. This is one of those situations that they do not want to give access to that area which is why they felt strongly in supporting this. He stated that there would never be a boat launch there because there was no place to park unless they opened up the 150 acres downstream from him. The State

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UNAPPROVED MINUTES 130 continues to identify it as the most pristine part of the river that they own. Commissioner Holsten asked if the section line easement would only be a 33 foot vacation. Mr. Harpbring replied yes, they would only be vacating 33 feet of the section line easement. If the 150 plus acres was ever developed then they would still have a 50 foot section line easement to develop an egress I ingress access. Commissioner Holsten asked him what the size of his lot was. Mr. Harpbring replied that his lot was 1. 7 acres.

There being no further questions to the owner, Chairman Bryson continued deliberation among the Commission.

Commissioner Tauriainen stated that he had felt strongly against approving the vacation since he is not a fan of vacating public access. In this situation, it seems that it might be warranted to have DNR free up their land for parking and to put a boat launch in. He knows the river moves fast in this area and not a good spot for that so he changed his mind to support granting the vacation.

Commissioner Foster agreed with Commissioner Ruffner. Even though DNR land is there, he was less inclined to eliminate a right of way that can be used not only for fishing but also for a walking trail. He thought DNR could put in a trail th!at could be identified as having better or equal access.

Commissioner Foster asked for Mr. Harpbring's comments. Mr. Harpbring stated that when Clearwater Subdivision was developed there was one lot, the most pristine lot which was at the confluence of Funny River and the Kenai. It is a huge lot and held in common by all the property owners to allow all lots access to the river. He thought it was Lot 13 or Lot 14. They have a 501 C3 that manages that parcel. All the property owners have fishing rights to that parcel. If someone wants to go to the river on his end of it, then they walk down the section line easement on the 50 foot but to be candid, no one does that because of the number of bears.

Commissioner Isham asked if Lot 13 was open to the public. Mr. Harp bring replied no. Commissioner Isham stated that he doesn't like vacating public lands. There is so little public access to the Kenai River so he was going to vote against the vacation.

There being no further comments or questions, Chairman Bryson called for a roll call vote.

VOTE: The motion failed by a tie vote

BRYSON CARLUCCIO COLLINS ECKLUND FOSTER GROSS HOLSTEN YES YES NO NO NO YES NO ISHAM LOCKWOOD MARTIN RUFFNER TAURIAINEN WHITNEY 6YES NO YES ABSENT NO YES YES 6NO 1 ABSENT

Commissioner Foster recommended the following finding in support of denial.

15. Alaska Department Fish & Game objected to the vacation which is reflected in their written comments.

Commissioner Ruffner recommended the following findings.

16. KPB 20.28.160; the commission shall not approve the vacation request, unless it can be demonstrated that equal or superior access is or will be available. 17. KPB 20.28.180; A right-of-way which serves to provide access to public waters shall not be vacated unless such a right-of-way is wholly impractical to all modes of transport including pedestrian or th~ use of such right-of-way causes severe harm and damage to adjacent properties which cannot otherwise be corrected and where such continued damage or harm would be contrary to the public interest.

MOTION: Commissioner Foster moved, seconded by Commissioner Holsten to add findings 15, 16, and 17 to the list of findings. KENAI PENINSULA BOROUGH PLANNING COMMISSION AUGUST 26, 2013 MEETING MINUTES PAGE13

UNAPPROVED MINUTES 131 VOTE: The motion passed by unanimous consent

BRYSON CARLUCCIO COLLINS ECKLUND FOSTER GROSS HOLSTEN YES YES YES YES YES YES YES ISHAM LOCKWOOp MARTIN RUFFNER TAURIAINEN WHITNEY 12YES YES YES ABSENT YES YES YES 1 ABSENT

MOTION: Commissioner Foster moved, seconded by Commissioner Ruffner to cite the following findings in support of the denial of the right of way vacation.

Findings: 3. Per the submittal, the right-of-way proposed has been partially constructed. 8. Wharf Avenue, a 33-foot right-of-way, was dedicated by KN 1992-47. 9. The underlying section line easement is 83 feet wide. 11. The State Department of Natural Resources owns the 159 acre parcel south of the right-of-way and section line easement proposed to be vacated. 14. The portion of Wharf Avenue proposed for vacation is within the Anadromous Stream Habitat Protection District. 15. Alaska Department Fish & Game objected to the vacation which is reflected in their written comments. 16. KPB 20.28.160; the commission shall not approve the vacation request, unless it can be demonstrated that equal or superior access is or will be available. 17. KPB 20.28.180; A right-of-way which serves to provide access to public waters shall not be vacated unless such a right-of..;.way is wholly impractical to all modes of transport including pedestrian or the use of such right-of-way causes severe harm and damage to adjacent properties which cannot otherwise be corrected and where such continued damage or harm would be contrary to the public interest.

VOTE: The motion passed by unanimous consent

BRYSON CARLUCCIO COLLINS ECKLUND FOSTER GROSS HOLSTEN YES YES YES YES YES YES YES ISHAM LOCKWOOD MARTIN RUFFNER TAURIAINEN WHITNEY 12YES YES YES ABSENT YES YES YES 1 ABSENT

Commissioner Holsten believed that something could be worked out with the State Agencies regarding the installation of a culvert.

B. SECTION LINE ~ASEMENT VACATION

Commissioner Ruffner asked if the denial of the right of way vacation rendered the section line easement vacation request mute. Mr. Best replied that the right of way vacation and the section line easement vacation are two separate items that need separate actions.

Commissioner Foster asked if the State will have the same information that was given to the Commissioners should they decide to vacate the right of way. He asked if the commission's decision would be mute. Mr. Best replied no, these are two separate actions. The State could vacate the underlying section line easement but the Borough would still have their 33 foot right of way because that is the Borough's jurisdiction. Commissioner Foster asked if the applicant could come back to the Commission requesting the right of way vacation again if the State vacated the section line easement. Mr. Best replied yes, they could vacate after that.

MAIN MOTION: Commissioner Carluccio moved, seconded by Commissioner Isham to recommend approval of the section line easement vacation citing the 16 findings.

Findings:

KENAI PENINSULA BOROUGH PLANNING COMMISSION AUGUST 26, 2013 MEETING MINUTES PAGE 14

UNAPPROVED MINUTES 132 1. Per the submittal, the section line easement has been partially constructed. 2. Per the submittal, the section line easement is in use for access as a driveway for Lot 1A. 3. Thirty-three feet of the 83-foot section line easement is proposed to be vacated. 4. If the vacation is approved, 50 feet of the section line easement will remain. 5. Per KPB GIS mapping, the portion of the section line easement proposed for vacation does not appear to be in use by utility providers. 6. ENSTAR and Homer Electric Association submitted statements of non-objection. 7. State Department of Natural Resources owns the 159-acre parcel south of the section line easement proposed to be vacated. 8. State Division of Parks and Outdoor Recreation manages the 159-acre State-owned parcel. 9. State Division of Parks and Outdoor Recreation submitted a statement of non-objection to the proposed vacation. 10. The section line easement provides public access to the Kenai River, a public waterbody. 11. Access to the Kenai River will still be available via the remaining 50-foot section line easement. 12. The portion of the section line easement proposed for vacation is affected by a mapped flood hazard zone. 13. The portion of section line easement proposed for vacation is within the Anadromous Stream Habitat Protection District. 14. All vacation plats are sent to utility providers for review and comment. 15. Sufficient rights-of-way exist to serve the surrounding acreage parcels. 16. No surrounding a~reage parcels will be denied access.

Commissioner Tauriainen stated that he supports the motion because of the support of the DNR Division of Parks and Outdoor Recreation.

Commissioner Ruffner believed the different agencies of the State are conflicted on this request. He would revisit this once the State gave a clearer message as to their support of the section line easement vacation.

Commissioner Foster agnf)ed with Commissioner Ruffner.

Commissioner Tauriainen asked if the exception request needed to be addressed prior to addressing the motion. Mr. Best replied that the exception request was for a time extension. After this motion is addressed then the exception request can be addressed.

There being no further comments or questions, Chairman Bryson called for a roll call vote.

VOTE: The motion passed by unanimous consent.

BRYSON CARLUCCIO COLLINS ECKLUND FOSTER GROSS HOLSTEN YES YES YES YES YES YES NO ISHAM LOCKWOOD MARTIN RUFFNER TAURIAINEN WHITNEY 11 YES YES YES YES YES YES YES 1 NO 1 ABSENT

MOTION: Commissioner Carluccio moved, seconded by Commissioner Foster to grant exception to KPB 20.28.120, Final Plat approval within one year of the vacation approval; citing the 7 findings and tying them to the three facts thereby granting a four year approval.

Findings 1. Based on a comparison between section line easement vacation plat approvals by the Planning Commission and the date the section line easement vacation plats are recorded, the section line easement review and approval by State DNR is a years-long process. 2. Section line easements are under the regulation of the State of Alaska. 3. The Borough action on the vacation will be advisory to the State of Alaska 4. Section line eas~ment vacations are finalized with a State Easement Vacation Plat. 5. Section Line Easement Vacation Plats must be approved and signed by the State of Alaska. 6. No information was available to staff regarding whether a Section Line EasementVacation Plat has

KENAI PENINSULA BOROUGH PLANNING COMMISSION AUGUST 26, 2013 MEETING MINUTES PAGE15

UNAPPROVED MINUTES 133 been submitted to the State. 7. To date, Section Line Easement Vacation approvals granted a 4-year approval have not needed to be brought back to the Planning Commission for a time extension request.

VOTE: The motion passed by unanimous consent.

BRYSON CARLUCCIO COLLINS ECKLUND FOSTER GROSS HOLSTEN YES YES YES YES YES YES YES ISHAM LOCKWOOp MARTIN RUFFNER TAURIAINEN WHITNEY 12YES YES YES ABSENT YES YES YES 1 ABSENT

AGENDA ITEM G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18)

1. A Conditional Use Permit pursuant to KPB 21.18 to add riprap and rock backfill material to protect the Quartz Creek Bridge and add organic material to revegetate disturbed areas adjacent to Quartz Creek Road within the 50-foot Habitat Protection District of Quartz Creek, an anadromous stream. This project is located within the State of Alaska Department of Transportation (SOA DOT} Quartz Creek Road right-of-way on the left banks of Quartz Creek, located in Section 36, T5N, R3W, SM, AK

KPB PC Resolution 2013-16

Staff Report given by John Czarnezki PC MEETING: August 26, 2013

Applicant: SOA DOT, P.O. Box 196900, Anchorage, AK 99519-6900

Property Owner: SOA DOT Quartz Creek (ROW)

Project Location: Quartz Creek ROW Section 36, T5N, R3W, Seward Meridian Quartz Creek anadromous stream - Alaska Department of Fish & Game Anadromous Waters Catalog#: 244-30-10010-2177

Proposed Actions: The State of Alaska Department of Transportation (SOA DOT) is proposing to place approximately 93 cubic yards of Class II riprap below ordinary high water (OHW) to form a bench at the base of the stream bank extending into Quartz Creek 10-feet and backfilling with 25 cubic yards of smaller rock to fill voids. Above OHW, SQA DOT will place approximately 92 cubic yards of Class II riprap and 50 cubic yards of smaller rock as backfill.· At the top of the stream bank the SOA DOT will place organic fill and reseed with native species in accordance with the Alaska Department of Natural Resources, A Revegetation Manual for Alaska (2008). Likewise, all disturbed areas in the conduct of this activity will be revegetated.

Background Information

Application Completeness and compliance: A conditional use permit is required because these activities are in support of transportation infrastructure and will occur above the ordinary high water line of Quartz Creek, and within the 50-foot habitat protection district. Quartz Creek provides spawning habitat for coho, sockeye, chinook and pink salmon. The River Center found the application complete and scheduled a public hearing for August26, 2013 (KPB 21.18.081).

Public Comment: Public notice was mailed to property owners within a radius of 300 feet (KPB 21.20.050) on August 13, 2013. A total of three (3) mailings were sent. As of the date of this staff report, no public comment has been received.

Published Public Notice: Public notice was published in the Peninsula Clarion, Homer News and Seward Phoenix Log during the two weeks prior to the hearing date. (KPB 21.20.010).

KENAI PENINSULA BOROUGH PLANNING COMMISSION AUGUST 26, 2013 MEETING MINUTES PAGE16

UNAPPROVED MINUTES 134 KENAI PENINSULA BOROUGH PLANNING DEPARTMENT 144 North Binkley Street • Soldotna, Alaska 99669-7520 PHONE: (907) 714-2200 • FAX: (907) 714-2378 Toll-free within the Borough: 1-800-478-4441, Ext. 2215 www.borough.kenai.ak.us

...... 4.~ MIKE NAVARRE BOROUGH MAYOR August 28, 2013

KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF DECISION

MEETING OF AUGUST 26,2013

RE: Vacate the west 400 feet more or less, pf Wharf Avenue, (changed from Boundary Avenue by PC Resolution No. 2005-15), a 33-foot public right-of-way located at the west end of the Wharf Avenue. This area lies along the south boundary of Lot 1 dedicated by Clearwater Subdivision amended (Plat KN 92-47) and also shown on (Plat KN 2005-126); located within Section 28, Township 5 North, Range 9 West, Seward Meridian, Alaska within the Kenai Peninsula Borough. AND Vacate the 33-feet of the 83-foot section line easement that lies adjacent and underlies the above proposed right-of-way vacation along the south boundary of Lot 1 of Clearwater Subdivision amended (Plat KN 92-47), located within Section 28, Township 5 North, Range 9 West, S.M. Alaska and within the Kenai Peninsula Borough. KPB File 2013-125 & 2013-126

Note: The rem .. ining 50-feet of the 83-foot section line easement will allow for public access to the river.

On Wharf Avenue in Funny River Road area.

During their regularly scheduled meeting of August 26, 2013 the Kenai Peninsula Borough Planning Commission recommended a four year approval of the proposed section line easement vacation by majority consent (Bryson, Yes; Carluccio, Yes; Collins, Yes; Ecklund, Yes; Foster, Yes; Gross, Yes; Holsten, No; Isham, Yes; Lockwood, Yes; Martin, Absent, Ruffner, Yes; Tauriainen, Yes; Whitney, Yes) based on the following findings of fact. This petition is being sent to you for your consideration and action.

Findings: 1. Per the submittal, the section line easement has been partially constructed. 2. Per the submittal, the section line easement is in use for access as a driveway for Lot 1A. 3. Thirty-three feet of the 83-foot section line easement is proposed to be vacated. 4. If the vacation is approved, 50 feet of the section line easement will remain. 5. Per KPB GIS mapping, the portion of the section line easement proposed for vacation does not appear to be in use by utility providers. 6. ENSTAR and Homer Electric Association submitted statements of non-objection. 7. State Department of Natural Resources owns the 159-acre parcel south of the section line easement proposed to be vacated. 8. State Division of Parks and Outdoor Recreation manages the 159-acre State-owned parcel. 9. State Division of Parks and Outdoor Recreation submitted a statement of non-objection to the proposed vacation. 10. The section line easement provides public access to the Kenai River, a public waterbody. 11. Access to the Kenai River will still be available via the remaining 50-foot section line easement. 12. The portion of the section line easement proposed for vacation is affected by a mapped flood hazard zone. 13. The portion of section line easement proposed for vacation is within the Anadromous Stream

135 Habitat Protection District. 14. All vacation plats are sent to utility providers for review and comment. 15. Sufficient rights-of-way exist to serve the surrounding acreage parcels. 16. No surrounding acreage parcels will be denied access.

In accordance with AS 29.40.140, no vacation of a Borough right-of-way and/or easement may be made without the consent of the Borough Assembly. The proposed vacation will be forwarded to the Borough Assembly. The Assembly shall have 30 calendar days from the date of approval (August 26, 2013) in which to veto the Planning Commission decision. If the Planning Director receives no veto within the specified period, the Assembly shall be considered to have given consent to the vacation.

Please contact the Borough Clerk's office (907-714-2160 or 1-800-478-4441 toll-free within the borough) for additional information.

Based on the following findings of fact, the Kenai Peninsula Borough Planning Commission denied the approval of the right of way vacation of the west 400 feet more or less of Wharf Avenue by a tie vote. (Bryson, Yes; Carluccio, Yes; Collins, No; Ecklund, No; Foster, No; Gross, Yes; Holsten, No; Isham, No; Lockwood, Yes; Martin, Absent, Ruffner, No; Tauriainen, Yes; Whitney, Yes)

Findings: 3. Per the submittal, the right-of-way proposed has been partially constructed. 8. Wharf Avenue, a 33-foot right-of-way, was dedicated by KN 1992-47. 9. The underlying section line easement is 83 feet wide. 11. The State Department of Natural Resources owns the 159 acre parcel south of the right-of-way and section line easement proposed to be vacated. 14. The portion of Wharf Avenue proposed for vacation is within the Anadromous Stream Habitat Protection District. 15. Alaska Department Fish & Game objected to the vacation which is reflected in their written comments. 16. KPB 20.28.160; the commission shall not approve the vacation request, unless it can be demonstrated that equal or superior access is or will be available. 17. KPB 20.28.180; A right-of-way which serves to provide access to public waters shall not be vacated unless such a right-of-way is wholly impractical to all modes of transport including pedestrian or the use of such right-of-way causes severe harm and damage to adjacent properties which cannot otherwise be corrected and where such continued damage or harm would be contrary to the public interest.

This notice and unapproved minutes of the subject portion of the meeting were sent August 28, 2013 to:

James & Virginia Harpring Segesser Surveys 35001 Water Front Way 30485 Rosland St. Soldotna, AK 99669-8766 Soldotna, AK 99669

Joseph Giefer Claire Holland LeClair Alaska State Department of Fish & Game AK State Division of Parks & Outdoor Recreation 333 Raspberry Road 550 W. ih Avenue #1380 Anchorage, AK 99518-1565 Anchorage, AK 99501-3561

George Horton AK DNR Division of Mining, Land 550 West 7th Avenue #650 Anchorage, AK 99501-3576

136 AGENDA ITEM F. PUBLIC HEARINGS

( 2. Vacate the west 400 feet more or less, of Wharf Avenue, (changed from Boundary Avenue by PC Resolution No. 2005-15), a 33-foot public right-of-way located at the west end of the Wharf Avenue. This area lies along the south boundary of Lot 1 dedicated by Clearwater Subdivision amended {Plat KN 92-47) and also shown on (Plat KN 2005-126); located within Section 28, Township 5 North, Range 9 West, Seward Meridian, Alaska within the Kenai Peninsula Borough. AND Vacate the 33-feet of the 83-foot section line easement that lies adjacent and underlies the above proposed right-of-way vacation along the south boundary of Lot 1 of Clearwater Subdivision amended (Plat KN 92-47), located within Section 28; Township 5 North, Range 9 West, S.M. Alaska and within the Kenai Peninsula Borough. KPB File 2013-125 & 2013-126

Note: The remaining 50-feet of the 83-foot section line easement will allow for public access to the river.

On Wharf Avenue in Funny River Road area.

STAFF REPORT PC Meeting: 8/26/13

Staff Discussion:

To save money on postage, notices, and newspaper expenses, staff combined the procedures for the right-of­ way and section line easement vacation petitions to the extent possible. Notices for both vacation actions were distributed, mailed, and published per KPB Code.

Findings foreach action have been separated. Staff will recommend an exception for the approval timeline for the section line easement vacation to try to ensure no time extension request{s) will be required. ( Two plats are required for the proposed vacations. A right-of-way vacation plat wiU be prepared for the vacation of Wharf Avenue. A Section Line Easement Vacation Plat will be prepared for the 33-foot section line easement.

Puroose as stated in petition: Petitioner has a driveway within the ROW. This ROW has not been used as a public access to the river.

Petitioners: James L. and Virginia A Harpring of Soldotna, Alaska.

Notification:

Public notice appeared in the August 15 and August 22, 2013 issues of the Peninsula Clarion.

Five certified mailings were sent to owners of property within 300 feet of the parcels. Four receipts had been returned when the staff report was prepared. ·

Fifteen regular mailings were sent to agencies and interested parties. Five notices were sent to KPB Departments. Notices were mailed to the Soldotna Post Office and Soldotna Community Library to be posted in public locations. The notice and maps were posted on the Borough web site and bulletin board.

Comments Applicable to the Right-of-way and Section Line Easement Vacation:

Homer Electric Association: Reviewed/no comments.

ENSTAR: No comments, recommendations, or objections.

KPB Floodplain Administrator: A portion of this vacation is KPB (regulatory) Special Flood Hazard Area and

137 21 floodway. The floodway is that portion of the floodplain that must be reserved for the base flood discharge. Areas within the Special Flood Hazard Area and floodway have development standards that must be met with ( permitting under KPB Chapter 21.06. ·

A. RIGHT OF WAY VACATION

Petitioners' Reasons for Vacating Easement land right-of-way]: 1. Petitioner has maintained this element of Wharf Ave for the past 28 years as an extension to existing driveway. Borough has not maintained the road as it was just a "cat blade road" when petitioner purchased property. 2 Except for petitioner this area is not used by the public to gain access to the Kenai River since this area is closed to fishing from the bank by the Department of Natural Resources (DNR}, State of Alaska. 3. No vehicles use Wharf Avenue as it is a dead end avenue. 4. Petitioner has experienced issues with individuals using Wharf Avenue to dump raw sewage and trash in the area during the summer months. 5. Spring runoff flooding occasionally occurs in this area at the terminus of Water Front Way and Wharf Avenue as no road drainage improvements have been initiated by the Kenai Peninsula Borough along Wharf Avenue. Petitioner intends to install proper culverts to eliminate this water drainage issue after easement is vacated. 6. Public access to the Kenai River will be maintained via the remaining 50 foot section easement on DNR's section line easement. 7. Utility easement only supports and impacts one property owner, i.e. petitioner's residence.

Staff Discussion:

A preliminary plat has not yet been submitted for Plat Committee review.

The Kenai River is included in the Anadromous Stream Habitat Protection District. Activities, such as road construction, within the District are subject to KPB 21.18.

Findings: 1. Sufficient rights-of-way exist to serve surrounding properties. 2. No surrounding properties will be denied access. 3. Per the submittal, the right-of-way proposed has been partially constructed. 4. Per the submittal, the right-of-way is in use for driveway access for the owners of Lot 1A. 5. Per KPB GIS mapping, the right-of-way proposed for vacation does not appear to be in use for utilities. 6. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 7. To date, two utility companies have provided a letter of no comment or no objection. 8. Wharf Avenue, a 33-foot right-of-way, was dedicated by KN 1992-47. 9. The underlying section line easement is 83 feet wide. 10. If the vacations are approved as petitioned, a 50-foot section line easement will remain in place for access to the Kenai River. 11. The State Department of Natural Resources owns the 159 acre parcel south of the right-of-way and section line easement proposed to be vacated. 12. If the vacations are approved as petitioned, alternative access to the Kenai River will be via the 50- foot section line easement within the DNR parcel to the south. 13. The portion of Wharf Avenue proposed for vacation is affected by a mapped flood hazard zone. 14. The portion of Wharf Avenue proposed for vacation is within the Anadromous Stream Habitat Proteytion District.

STAFF RECOMMENDATION: Based on Findings 1, 2, and 5-12, staff recommends approval of Wharf Avenue vacation as petitioned, subject to: I \

138 22 1. Submittal of a preliminary plat in accordance with Chapter 20 of the KPB Code. 2. Submittal of a final plat in accordance with Chapter 20 of KPB Code within one year of vacation approval.

If the vacation is approved, the Kenai Peninsula Borough Assembly has thirty days in which they may veto Planning Commission approval of the vacation.

DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR .COURT AT KENAI, ALASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [20.28.110 AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99-43].

B. SECTION LINE EASEMENT VACATION

Comments for Section Line Easement Vacation:

State Department of Natural Resources/Division of Parks &Outdoor Recreation: The Division of Parks and Outdoor Recreation has no objection to your proposal to vacate 33 feet of the 83 foot section line easement that lies adjacent to Lot 1A of the Clearwater Subdivision and is located between Sections 28 and 33, T 5N, R9W, Seward Meridian. Public access to the Kenai River will not be negatively impacted by this easement vacation because the lands to the south are managed by the Division of Parks & Outdoor Recreation and allow for public access to the river. In addition, the remaining 50 feet of the section line easement will also allow for public access to the river. ·

Staff Discussion:

Per KPB GIS mapping, the 159-acre DNR parcel to the south is not included in the Kenai Area Plan.

Comments from the State Department of Natural Resources (DNR} and State Department of Transportation (DOT} were not available when the staff report was prepared. DNR and DOT, not the Division of Outdoor Parks and Recreation, sign Section Line Easement Vacation Plats.

Exception Requested bv Staff:

Based on a comparison between section line easement vacation plat approvals by the Planning Commission and the date the section line easement vacation plats are recorded, section line easement review and approval by State DNR has been shown to be a lengthy process. The additional time will allow the petitioner time to work with the State's. process and likely not require the petition to be brought back to the Commission for a time extension request.

Staff emailed the surveyor regarding the submittal of a Section Line Easement Vacation Plat to the State.

Exception: KPB 20.28.120 [If a final plat is not presented to the planning commission within one year of the vacation approval, the approval will be deemed void. No time extensions shalf be granted.].

Based on the time between section line easement vacation plat reviews and the date the plat is recorded as well as several time extensions requested for previous section line easement vacation plats, an exception to the standard one-year vacation approval is needed.

Staff recommends the exception to 20.28.120 be handled in a separate motion from the motion for the proposed vacation.

Findings for the Exception 1. Based on a comparison between section line easement vacation plat approvals by the Planning Commission and the date the section line easement vacation plats are recorded, the section line

139 easement review and approval by State DNR is a years-long process. 2. Section line easements are under the regulation of the State of Alaska. 3. The Borough action on the vacation will be advisory to the State of Alaska 4. Section line easement vacations are finalized with a State Easement Vacation Plat. 5. Section Line Easement Vacation Plats must be approved and signed by the State of Alaska. 6. No information was available to staff regarding whether a Section Line Easement Vacation Plat has been submitted to the State. 7. To date, Section Line Easement Vacation approvals granted a 4-year approval have not needed to be brought back to the Planning Commission for a time extension request.

Staff reviewed the exception and recommends granting approval to the exception. Staff recommends the Commission select the findings they determine are applicable, make additional findings if needed, tie the findings to the following facts, and vote on the exception in a separate motion.

20.24. 010 provides that the Commission may authorize exceptions to any of the requirements set forth in Title 20. This section also states -The Commission shall find the following facts before granting any exceptions:

1. That special circumstances or conditions affecting the property have been shown by application Findings 1-7 supportthisfact.

2. That the exception is necessary for the preservation and enjoyment of a substantial property right and is the most practical manner of complying with the intent of this title; Findings 1-7 support this fact.

3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated. Findings 1-7 support this fact.

Findings for the Section Line Easement Vacation ( 1. Per the submittal, the sectio.n line easement has been partially constructed. 2. Per the submittal, the section line easement is in use for access as a driveway for Lot 1A. 3. Thirty-three feet of the 83-foot section line easement is proposed to be vacated. 4. If the vacation is approved, 50 feet of the section line easement will remain. 5. Per KPB GIS mapping, the portion of the section line easement proposed for vacation does not appear to be in use by utility providers. 6. ENSTAR and Homer Electric Association submitted statements of nonobjection. 7. State Department of Natural Resources owns the 159-acre parcel south of the section line easement proposed to be vacated. 8. State Division of Parks and Outdoor Recreation manages the 159-acre State-owned parcel. 9. State Division of Parks and Outdoor Recreation submitted a statement of nonobjection to the proposed vacation. · 10. The section line easement provides public access to the Kenai River, a public waterbody. 11. Access to the Kenai River will still be available via the remaining 50-foot section line easement. 12. The portion of the section line easement proposed for vacation is affected by a mapped flood hazard zone. 13. The portion of section line easement proposed for vacation is within the Anadromous Stream Habitat Protection District. 14. All vacation plats are sent to utility providers for review and comment. 15. Sufficient rights-of-way exist to serve the surrounding acreage parcels. 16. No surrounding acreage parcels will be denied access.

STAFF RECOMMENDATION: Based on Findings 4-9, 11, and 14-16, staff recommends granting a four-year approval for the section line easement vacation as submitted, subject to:

1. Submittal of State Easement Vacation Plat for Plat Committee review within four years of vacation approval.

140 2. Compliance with any State requirements for the section line easement vacation. ( If the vacation is approved, the Borough Assembly has thirty days in which they may veto Planning Commission approval of the vacation.

DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [20.28.110 AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99-43].

END OF STAFF REPORT

(

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1) 8~!1of btorln9 talo.., L'rom Cl..,...at ... SUbciiYI-'on ("'"*'ct.d), CERTIFICATE of OWNERSHIP Plat 0247, K•al R":.ordlng Olttrlct. !'-...... _ and MDl:CATION 2) !Mdlng S.tbadl-" Ntltock at Z0 f"t Jl ~nd from dJ .V.tl ftlohb-of-'lfa)r un...., II' .to:IO'tlfclrd,. epproWd b)' rnofutlon '""" THAT WE NfC ltft" OWNERSCl 1Ht: If~ by th• oppriiPrlat. PIOI'Inlng Cammlttlon, :0 H!fttOM AND mAT Wl ttEfllll'l' /IIDOPT1HIS~ PLAN l) An •ott• dhlpoltal •JillrM thdl comply .tlft rdii!Jnv1owt crt tPie lJ'I' CUR fit!£ CONSENT DtDICAlt AU. RIOHTS-or­ lime of~ .... / '- Lot 4 / TO PUkiC U9[ 1oH0 OIIAHTALL wtMOits TD 4) ~raorot10 fMt at tht bllldit9 ntbadr. and lht ""'" .. n.oc~cwithin 5 fNt of lh• lot """ le ct1o a utllny ICI""'~Ll'fa ''* ,_.,, ·~Jaj{!J ::=v:o~ttn':rt:!tr;"rJ'\,': :~ii~ ~u.;u'tur.~"lo ~:"'.~ / / IOIIImM\I, P.O. BOX 2088 ', sa.DOlNA. AK HtBI !) Elllttlnq und~roundpO'fl'er11..,. t. th• IHfltlll'ftnl of a t5 foal -..161-.te~~trlacddl.trfbut,lenUnt_.,.,.t. / / / &) Plll't"'"- of thlw ...,.~an..,.. -'lhlrl lht Ke~~otP11111n.,m BorouQh Lot 3 ' 50-root Anodr~~manStr-rl NDbllot Praltallon ~. S.. Chaplll" 21.111 IIOI"DUVI'!Co9 or Clr'd'"on- for ,...trlctlofq that crtt.at dtwtlopmomt of thl• 1WlNR'h!On...... / ~0· / 7) An IICtpllon tO !(Pit 20.14- fi'O"Ied by 1M Plat COmrnltlH ot lh• mHtlnv rJf 24 octob.,., ~ .,,l' ...... / bt. / NOTARY'S ACKNOWLEDGEMENT a)r!!r'oar.,:::;w::,:.v;:r~s::::::.,;n:. Soc!u:! ~"' for ontlll WGWI_t .. hatnm'tt tnd ~ ll)l{tml mud "'"' '" . 7 0>~/ R1IC"'"'"'""a.:- "'""""""·'"""'if.~ y.('..:r:;:;··JfM'· . . • 20"' I Tht purpon or thlf. Platting ocllon Ill to oombhw 2 kltl lntG 1 / ~ / ..t!leh will JH"CC'fld•.,.Ol• GWIGbl• WC18Ietral• dltpGINIC areo n 'f.QJ(" dttallltdb)'KPI921114.040(4)(o). ~ 44·e X'~ NOTARVPUBIJ<:O'Oii 143 / <(0· / ...,.,_I II "':;'c=.:l:::'" MY COIAIIS!IOH DPifttS '- v =~~•- ~/.- Lot 1A ,.,

THIS PlAT WAS API"NO\Ut BY 'IH£ KENAI I"(NNNSUlA I!IOROUQf PLANtfiNOCOMMISSION AT THE MEE1IMOr7 24 OCTOI!IOt.2005. Block 2 ~ kENAI PENfr(St.ILA 80ftCIIJ

-~-~. lid!.._ 1'1 Boundary Ave. __ "--"1.r--- - ~311.1~ (N89"S9"5J"W) ;91o.4s:;9io.31-"""- . .... -~ ...,.,.wes 21 Basis of Bearing CI.O... Unsubdivided v•, :JJ ~ 19;30 2 1/r'.,...... CGp 211r ...._ ea, ~- CURVE TABLE - ~ ~c:H:.~J~~~WI XWl! I ~~J o:f,r£KJ o. 2005-280 ·clearwater Subdivision Harpring Replat

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~~~~~:i~~~~ SEGESSER SURVEYS Cllldlrn.n"""•~..!'lhwcr.t..n.-COI1'tet. ....~ 30485 Rowland St. Soldotna. AK 9_98159 .rJ! NO. O!n.SS DRAM~! 12-15-05

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~._.··--·-- ~~------'L--·~-;.~~=------~- ---'-·------·- --·_t·-··-~~,-~A---~-~it ~ _.,. t;. Is for a graphical representation f ' J ,., :m,"":. " only Of best available sources. j I I I I I f I I I ~ i ·fi The Kenai Penlrtsula Borough f ~ ~ • ~ • ·. ,. s"umes no responsibility S ~ j ~ •• .,,;'· foranysrrarsonthlsmsp. ~ Vicinity Map ~ Date: 7/3/2013 ~l

~'-:,t~""~""'~fl":"=~~-1..._ .. ,~---~-~~~~·,_ ....; ."-:··::~!:"' .;.e~----··--·, .d .• -•. --{,s;:•. -.4- ••!. ~.:s..· .. ,,;;.·, __4_ ...... , '..- ••• ,:. ••• 1..• .,( .. ~--. -··------···- ·---~~-:'!-..·.__ .... ,. -~~---~·-:"';"'":o----- ... ·!':'":"'~~~~~r.~,..,.:~..:-'"-':""~~-·~~~ THE STATE Department of Natural Resources ofALASKA Division of Mining, Land Survey Section ( GOVERNOR SEAN PARNELL 550 West 7th Avenue, Suite 650 Anchorage, Alaska 99501-3576 Main: 907.269.8523 TDD: 907.269.8411 Fax: 907.269.8914 August 13, 2013

Maria Sweppy Kenai Borough Planning Department 144 Binkley Street Soldotna, Alaska 99669

Subj: Proposed Section-Line Easement Vacation KPB File: 2013-125 & 126-- Section 28 T5N, R9W, SM

Ms. Sweppy:

This letter is in response to a "notice of public hearing" for KPB file # 2013-125 & 126; pertaining to the proposed Section-Line Easement Vacation underlying the west 400' more or le·ss of Wharf Avenue.

Please advise the applicants of the vacation action that a section-line easement cannot be vacated without DNR and DOTPF approval. To vacate the State's interest in the 33-foot wide section­ line easement they will also have to petition the State.

Information regarding the State's section-line easement vacation process can be found at http://dnr.alaska.gov/mlw/survey/ev/index.htm

Should they have any questions, I may be contacted at 269-8610.

Sincerely, b~ George Horton Land Surveyor I

Sec. 29.35.090. Municipal property; rights-of-way. ~@

(b) Notwithstanding AS 29.40.160 or other provisions of law, a municipality rlfiM~~~~t-of-way acquired by the state under former 43 U.S.C. 932. This subsection applies to home~ general law ~'l municipalities. ~\ju 1 S 1~ \J .

B()ROI.lGI"I l<.~l'lfl.ll'~~:~~:~~-1\.11"1~~~ 1'\.JI-I'II'Il•'

148 Kenai Peninsula Borough Planning Department 144 North Binkle~rc::: li\\ fl~ iR\ Soldotna, Alaska 9966 u:;;U ~ u;;.l.YI Toll free within the Borough 1·800-478 , s1on 2200 (907) 714-2200 ( Petition to Vacate Public Right-of-Way I Section LinJ~asim~~t Public Hearing Required KENI'IPt:NINSurA:~~~f' pLANNING OEPA Upon receipt of complete application with fees and all required attachments; a public hearing before the Planning Commission will be scheduled. The petition with all required information and attachments must be in the Planning Department at least 30 days prior to the preferred hearing date. By State Statute and Borough Code, the public hearing must be scheduled within 60 days of receipt of complete application.

'p!l Fees - $500 non-refundable fees to help defray costs of advertising public hearing. Plat fees will be in addition to vacation fees. 0 City Advisory Planning Commission. Copy of minutes 'at which this iteni was acted on, along with a copy of City Staff Report. ,'Kl Name of public right-of-way proposed to be vacated is -:liJ.!i:£tl.p.:-t;..amcz::·t:..tE=i:::L:!rN~r;;.~-...,.,..,=---; dedicated by plat of O..rr.ti=f.t..wna=-r:Z. Subdivision, filed as Plat No. 'r:2. in t{ 7 Recording District. 0 Are there associated utility easements to be vacated? 0 Yes .l!!i No 0 Are easements in use by any utility company, if so which? 'Tf L f: p JUJNf.. t;! tf s . 0 Easement for public road or right-of-way as set out in (specify type of docurrlentJ --:----:-~;--- as recorded in Book __ Page ___ of the Recording District. (Copy of recorded document must be submitted with petition.) • IJl Section Line Easement. Width of easement must be shown on sketch. !& Submit three copies of plat or map showing area proposed to be vacated. Must not exceed 11x17 inches in size. In the case of public right-of-way the submittal must include a sketch showing which parcels the vacated area will be attached to. Proposed alternative dedication is to be shown and labeled on the sketch. Has right-of-way been fully or partially constructed? IKl Yes 0 No Is right-of-way used by vehicles I pedestrians I other? H3 Yes 0 No Has section line easement been.constructed? ~Yes 0 No Is section line easement being used? 0 Yes lXJ No Is alternative right-of-way being provided? 1£1 Yes 0 No

The petitioner must provide reasonable justification for the vacation. Reason for vacating: (5'6CC I i'IG'!VGt'l.. !+k5 ft 041 vi;:; W4,V IA.JiTt.fltJ "t't~ gctu}, ~tfiS /L()u) tfk$ (

The petition must be signed (written signature) by owners of majority of the front feet of land fronting part of the ~;:'=.••"""""" noe. ,.,.mont~~~ worted. Eaoh m"'t '"""'' "''"" "'' l"9"i d"aiptloo <>f his I

Submitted by:· Signature ~..6.&Vl< As 0 Petitioner [B.Representative Name /Ja w4J .91%6E<$c"'~ Address .:?o 4 €25"" &st..I'M1Q S-r c5Cr_ocrr,v~ A-1(. ?.':efW-f

Owner of fJ t.bt/L I I ltY i Owner of 13 L()f/< I L d "T I () Lfllll Jv·IIJtfi<.}u~~/[//S'..v' Ct..tti91l th J!J7FIZ St/1} D!/16!11'1/ Signature ______Signature ______

Name Name Address Address

Owner of ______Owner of------:------

3 3 ROW I Section Une Easement Vacation Pelition- Revised 9/23/11 149 .'

Reasons for vacating easement:

1. Petitioner has maintained this element of Wharf Ave for the past 28 years as an extension to existing driveway. Borough has not maintained the road as it was just a "cat blade road" when petitioner purchased property.

2. Except for petitioner this area is not used by the public to gain access to the Kenai River since this area is closed to fishing from the bank by the Department of Natural Resources (DNR), State of Alaska.

3. No vehicles use Wharf Avenue as it is a dead end avenue.

4. Petitioner has experienced issues with individuals using Wharf Avenue to dump raw sewage and trash in the area during the summer months.

5. Spring runoff flooding occasionally occurs in this area at the terminus of Water Front Way and Wharf Avenue as no road drainage improvements have heeri initiated by the Kenai Peninsula Borough along Wharf Avenue. Petitioner intends to install proper culverts to eliminate this water drainage issue after easement is vacated.

6. Public access to the Kenai River will be maintained via the 50 foot section easement on DNR's section lhie easement. 7. Utility easement only supports and impacts one property owner, i.e. petitioner's residence. (

34 150 THE STATE Department of Fish and Game ofALASKA DIVISION OF SPORT FISH Headquarters Anchorage Office GO\'EJ\:-:OH SE.·\~ P:\Ri'\EJ.t. 333 Raspberry Road Anchorage. Alaska 99 518-1565 Main: 907.267.2289 Fax: 907.267.2464

August 26, 2013

Paul Voeller 'Kenai Peninsula Borough Planning Department 144 North ~inkley Soldotna, AK 99669

RE: KPB 2013-125 & 2013-126: Wharf (aka Boundary Ave) Right-of-way and Section-Line Easement Vacation.

Mr. Voeller,

' The Alaska Department of Fish & Game (ADF&,G) has reviewed the public notice describing the proposed vacation ofthe west 400 feet ofWharf Avenue (aka Boundary Ave.) along the south boundary of Lot 1, Clearwater Subdivision and the, uno~rlying 33 foot wide section line easement, located along the southern section .line of Sec 28, T 5 N., R. 9 W., S.M., Alaska. The easements and parcel are located on the Kenai River. The section line easement was identified in the Kenai River Access Report prepared by Mclane Consulting Group for the Kenai Peninsula Borough in August 1999.

The Kenai River (AWC # 244-~0-10010) is catalogep by ADF&.G as important habitat for all salmon species and is one of the most popular sport fishing rivers in the State.· Any activities that could affect the spawning, rearing or migration of anadromous fishes, or potentially provide blockages to the efficient passage of resident fish species are regulated by state l~w and may require a Fish Habitat Permit from ADF&G, Division of Habitat.

The Kenai River already has a very limited number of locations that have the potential to be developed for some type of access. Public access is particularly limited on the south side of the river where this section line easement is located. This site has the potential to be a useable access point and could be used as a drift boat launch with minimal improvements. The applicant has not addressed the State's requirement, in requesting to vacate a section line easement, that the petitioner must demonstrate that equal or better access is available (AS 19.34.010). The adjacent 50 foot wide section line easement is not equal or better to the combined width of the 83 foot wide section line easement that exists should the existing 33 foot wide section line easement remain. Lack of current use is not an adequate justification for the vacation of the public easement, especially when there is the potential for future use. Given the Kenai River's popularity, all potential access points must be preserved until such time that a long-term plan is proposed to accommodate the increasing public access needs to the

151 I

river. ADF&G objects to the vacation ofthe Wharf Avenue right-of-way and underlying 33 foot wide section line easement as proposed.

Thank you for the opportunity to review and comment on this proposal. If you have any questions or would like to discuss this further, please feel free to call or email me.

Cc: Joseph Poydack- DNR/Survey Section Mark Fink- ADF&G Jeffery Breakfield- ADF&G Robert Begich- ADF&G Ginny Litchfield- ADF&G

152 THE STATE Department of Natural Resources o~LASKA DIVISION OF PARKS AND OUTDOOR RECREATION Director's Office

GOVER~OR SEA:\ P.-\R!-:Hl. 550 West 7'" Avenue. Sui1e 1380 Anchorage, Alaska 9950 1·356 1 Main: 907.269.8700 fax: 907.269.8907

June 14,2013

Jim Harpring 35001 Water Front Way Soldotna, Alaska 99669

Dear Mr. Harpring,

The Division of Parks a,nd Outdoor Recreation has no objection to your proposal to vacate 33 feet ofthe 83 foot section line easement that lies adjacent to Lot IA of the Clearwater Subdivision and is located between sections 28 and 33, T 5N, R9W, Seward Meridian. Public I access to the Kenai River will not be negatively impacted by this easement vacation because the lands to the south are managed by the Division of Parks & Outdoor Recreation and allow for public access to the river. In addition, the remaining 50 feet of the section line easement will also allow for public access to the river.

Sincerely,

Claire Holland LeClair Deputy Director/Chief of Field Operations

Cc: Jack Blackwell, Kenai/PWS Area Superintendent Joe Poydack, Department ofNatural Resources, Survey Section

153 Kenai Peninsula Borough Assembly Committees 2012-2013

ASSEMBLY COMMITIEES SERVICE AREA BOARD LIAISONS

• Finance Committee • Anchor Point Fire & EMS- Mako Haggerty Charlie Pierce, Chair • Bear Creek Fire- Sue McClure Bill Smith, Vice Chair • CES/CPEMS- Brent Johnson Kelly Wolf • Central Peninsula General Hospital - Kelly Wolf, Charlie Pierce, Linda Murphy • Lands Committee • Kachemak Emergency Service Area - Ray Tauriainen, Chair Mako Haggerty Sue McClure, Vice Chair • KPB Roads- Kelly Wolf, Charlie Pierce Brent Johnson • Nikiski Seniors- Ray Tauriainen • Nikiski Fire- Ray Tauriainen • Policies & Procedures Committee • North Peninsula Recreation- Ray Tauriainen Mako Haggerty, Chair • Seldovia Recreational- Mako Haggerty Brent Johnson, Vice Chair • Seward/Bear Creek Flood SA -Sue McClure Hal Smalley • South Peninsula Hospital- Mako Haggerty, Bill Smith • Legislative Committee Kelly Wolf, Chair NON-BOROUGH COMMITIEES Hal Smalley, Vice Chair All Assembly Members • Cook Inlet Aquaculture Brent Johnson • President ProTem Charlie Pierce • Cook Inlet R.C.A.C. Grace Merkes, Term Expires March, 2014 OTHER BOROUGH COMMITIEES • Economic Development District • School Board Linda Murphy, Term Expires 12/31/13 Brent Johnson Hal Smalley, Term Expires 12/31/14

• Kenai Peninsula College Council Hal Smalley, Term Expires 06/30/14

• Kenai River Special Management Area Advisory Board Brent Johnson

• Prince William Sound R.C.A.C. Blake Johnson, Term Expires May, 2015

5:\WPWIN\DATA\COMMITIEE\Assembly Committees\12-13 Assembly Committee List.doc August 7, 2013 154 LAVDOWN ITEMS 7 J.. il y )) f) 1\ N Introduced by: Mayor Date: 09/17/13 Action: Vote:

KENAI PENINSULA BOROUGH RESOLUTION 2013-064

A RESOLUTION APPROVING A MUTUAL AID AGREEMENT BETWEEN THE CENTRAL EMERGENCY SERVICE AREA AND THE MOOSE PASS VOLUNTEER FIRE COMPANY

1 WHEREAS, mutual aid agreements and their operational plans provide for additional resources 2 to residents of the borough in the form of fire and medical personnel when 3 required; and

4 WHEREAS, mutual aid agreements and operational plans are common m the fire and 5 emergency medical service professions; and

6 WHEREAS, Alaska Statute 18.70.150 provides that: "A city, other incorporated entity, and 7 other fire protection groups may organize a mutual-aid program by adopting an 8 ordinance or resolution authorizing and permitting their fire department, fire 9 company, emergency relief squad, fire police squad, or fire patrol to go to the aid 10 of another city, incorporated entity, or fire protection group, or territory outside of 11 it"; and

12 WHEREAS, the Alaska Administrative Code authorizes state certified emergency medical 13 service providers to enter into mutual aid agreements with other such providers in 14 accordance with a municipal ordinance or resolution; and

15 WHEREAS, all associated costs are borne by each responding agency, and in this manner, 16 costs for manpower, materials, supplies and equipment are exchanged between 17 the agencies, ultimately resulting in service area funds being expended for the 18 benefit of the service area; and

Kenai Peninsula Borough, Alaska Resolution 2013-064 Page I of3 1 WHEREAS, in recent years the operational plans have been considered as matters within the 2 expertise of the agencies providing the mutual aid and, therefore, future 3 amendments to the operational plans have been left to the discretion of the 4 agencies; and

5 WHEREAS, Moose Pass Volunteer Fire Company (MPVFC) has an imminent need for a fully 6 operational ambulance, and CES has a surplus ambulance available to loan to 7 MPVFC; and

8 WHEREAS, because of this imminent need, the CES Chief was not able to bring this matter 9 before the CES Board prior to the Assembly meeting but informed the CES Board 10 Chair on September 16, 2013 about the intent to establish a mutual aid agreement, 11 and will present this information to the Board at their next meeting on September 12 19,2013;and

13 WHEREAS, the approval of this mutual aid agreement is urgent due to MPVFC's imminent 14 need for a fully operational ambulance for use primarily as a support vehicle 15 during flood season and winter conditions, and for secondary use for transport 16 when other emergency responders are unable to transport patients; and

17 WHEREAS, after the ambulance is loaned to MPVFC, this mutual aid agreement will continue 18 to enable the two entities to provide mutual assistance in accordance with the 19 agreements and the annual operations plan;

20 NOW, THEREFORE, BK IT RESOLVED BY THE ASSEMBLY OF THE KENAI 21 PENINSULA BOROUGH:

22 SECTION 1. The mutual aid agreement between the Moose Pass Volunteer Fire Company and 23 the Kenai Peninsula Borough on behalf of Central Emergency Service Area 24 serves the best interests of the taxpayers of the Central Emergency Service Area 25 and is hereby approved. The mayor is authorized to execute the mutual aid

Resolution 2013-064 Kenai Peninsula Borough, Alaska Page 2 of3 1 agreement substantially in the form of the agreement attached hereto and 2 incorporated by reference.

3 SECTION 2. The initial operational plan is hereby approved, and the Central Emergency 4 Service Area board is hereby authorized to approve amendments to the 5 operational plan with the mayor's approval without further review by the 6 assembly so long as any such amendments do not conflict with the mutual aid 7 agreements.

8 SECTION 3. That this resolution takes effect immediately upon its adoption.

9 ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS * 10 DAY OF* 2013.

Linda Murphy, Assembly President ATTEST:

Johni Blankenship, MMC, Borough Clerk

Yes:

No:

Absent:

Kenai Peninsula Borough, Alaska Resolution 2013-064 Page 3 of3 KENAI PENINSULA BOROUGH Road Service Area 47140 E. Poppy Lane • Soldotna, Alaska 99669 Toll-free within the Borough: 1-800-478-4427 PHONE: (907) 262-4427 • FAX: (907) 262-6090 www.borough.kenai.ak.us

MIKE NAVARRE BOROUGH MAYOR MEMORANDUM

TO: Linda Murphy, Assembly President Members, Kenai Peninsula Borough Assembly :1 THROUGH: Mike Navarre, Kenai Peninsula Borough Mayor ~ FROM: Scott Walden, Emergency Management Director ~-p~/_}J... /7/ Chris Mokracek, Chief, Central Emergency Service Area ~'h:-/f/1~

DATE: September 16,2013

SUBJECT: Resolution 2013- O~tf. approving a mutual aid agreement between the Central Emergency Service Area and the Moose Pass Volunteer Fire Company

Attached is a resolution authorizing a mutual aid agreement between the Central Emergency Service Area (CES) and the Moose Pass Volunteer Fire Company (MPVFC). This resolution is presented as a laydown as it came to our attention after the packet deadline that MPVFC has an imminent need for a fully operational ambulance as concerns about flooding in the area, as well as upcoming winter conditions, have become prominent.

A mutual aid agreement between CBS and MPVFC is necessBl'Y for several reasons. First, in situations where MPVFC is cut off from the Bear Creek Fire Service Area (BCFSA) due to flooding or other conditions beyond their control, MPVFC may need assistance from CBS for water and other services. Second, the mutual aid agreement will allow for the loan of a CBS' surplus ambulance to MPVFC, which is currently lacking a fully operational ambulance. This mutual aid agreement is intended to be limited to situations where MPVFC is not able to effectuate its mutual aid agreement with BCFSA due weather or environmental limitations, and to allow for surplus apparatus loans as needed. This agreement is not intended to replace the mutual aid agreement between BCFSA and MPVFC.

Your consideration and approval ofthis resolution would be appreciated. MUTUAL AID AGREEMENT

THIS AGREEMENT is made and entered into this __day of , 2013, by and between CENTRAL EMERGENCY SERVICES (CES) and MOOSE POINT VOLUNTEER FIRE COMPANY (MPVFC) for the provision of fire services as follows:

1. Mutual Aid Requests

Aid may be requested by either department in the form of personnel, equipment, facilities or materials for the purpose of assisting in fighting fires. Requests for aid may include direct response to the incident(s), cover assignments, or any other form of assistance needed. Requests for aid shall include as much detail as circumstance and time allow.

2. Response to Mutual Aid Request

The senior officer on duty at the requested department shall determine whether to respond in whole, in part, or to deny the request based on a determination of what level of response can be provided without unreasonably limiting the requested department's ability to meet its responsibility within its own jurisdictional area. The senior officer at the requested department shall promptly notify the requesting department of the level of response, if any, the requested department will provide. Departments that cannot meet a request should document in writing why the request could not be met.

3. Emergencies -Information Provided

Upon dispatch by the requested department, the requesting department shall at a minimum:

a. give concise directions as to the location of the emergency and/or to the location at which the requested department's equipment/personnel will be staged;

b. describe the type of emergency, and provide a description of the planned utilization of the requested department's resources; and

c. provide communications channels for command functions as well as any tactical channels.

4. Command Authority

Upon arrival of the requested department's resources at the incident scene, staging area, or cover assignment location, all such personnel, equipment, and materials shall remain under the command of the requested department's senior responding personnel. The requested department's senior responding personnel shall report to and operate under the direction of the

Mutual Aid Agreement CES/MPVFC Page 1 of3 requesting (jurisdictional) department's Incident Command ("IC"). In no case shall any equipment be loaned for use to personnel who have not been trained in its use.

5. Responsibility for Liability

Each department shall bear its own costs for responding to requests for aid under this Agreement. Each responding department shall be responsible for damages caused by its persol)l1el's negligence while traveling to the scene, at the scene, and returning to the station of origin. In rendering emergency services, each department will bear the responsibility to other parties for actions of its own personnel, and any liability incurred as a result of such acts. Nothing in this provision shall preclude individuals from being held personally liable for damage caused by their own intentional misconduct.

6. Mutual Aid Withdrawal or Assignment Tum Down - Circumstances

a. After arrival at the incident, staging area, or location of cover assignment, if it becomes necessary to withdraw a portion or all of such requested personnel, equipment or materials in order to meet an emergency situation in the jurisdictional area served by the requested department, such withdrawal may be initiated at the sole discretion of the requested department's senior personnel at the scene.

b. Tum down of an assignment may be made at the scene of an incident, at the sole discretion of the requested department's senior personnel, if she/he determines that the requested department's personnel, equipment, or materials are being exposed to unnecessary or unreasonable danger, or if the requested department's personnel do not have the training or resources to accomplish the requested assignment.

c. In either case, the requested department's senior personnel shall coordinate the withdrawal or assignment tum down with the requesting department's IC in such a manner as to best mitigate the consequences of a withdrawal or tum down of assignment to avoid endangering personnel and property of either department.

7. Withdrawal from Agreement

This Agreement shall continue until either department gives thirty (30) days notice of its withdrawal, in writing, to the other department.

8. Training

Joint training exercises shall be carried out at least annually under the direction of the Chief or Training Officers in each department.

Mutual Aid Agreement CES/MPVFC Page 2 of3 9. Annual Operating Plan.

Annual operating plans shall be cooperatively developed by the departments and become part of this Agreement upon execution by the Department Chiefs and Borough Mayor. The Annual Operating Plan in effect at the time of execution of this Agreement is attached hereto and incorporated herein by reference as Exhibit A.

MOOSE PASS VOL. FIRE COMPANY MOOSE PASS VOL. FIRE COMPANY By: ______By: ______Its: President Its: Secretary Dated: ------Dated: ------

CENTRAL EMERGENCY SERVICES By: ______Its: Chief, Chris Mokracek Dated: ------

KENAI PENINSULA BOROUGH By: ______Its: ------=M=ayL..::o=r,,_,M=ik=e:....;:N""'"'a=v=a=rr~e ___ Dated: ______

Approved by KPB Resolution No. ------APPROVED AS TO FORM and ATTEST: LEGAL SUFFICIENCY

Borough Clerk Assistant Borough Attorney

Mutual Aid Agreement CES/MPVFC Page 3 of3 Exhibit A to Mutual Aid Agreement 2013 Operations Plan Central Emergency Service Area/Moose Pass Volunteer Fire Company

This Agreement between Central Emergency Service Area ("CES") and Moose Pass Volunteer Fire Company ("MPVFC") is for the exchange of emergency services, equipment, facilities, and personnel pursuant to the Mutual Aid Agreement between these organizations dated

The purpose of this Operating Plan is to outline the day-to-day procedures for carrying out a mutual aid response between the above departments.

I. RESPONSE TYPE

Upon Request: CES will provide mutual assistance and surplus apparatus loans in the everit that other mutual aid services are unable to respond or provide the needed services for certain emergencies in the MPVFC jurisdictional boundaries. MPVFC will provide services in support of CES through intermittent responses to Cooper Landing Emergency Services, Inc., on an as needed basis.

II. AREACOVERED

a. See attachments to the Exhibit, parts 2A and 2B.

b. The departments shall exchange map books of their jurisdictional areas, and/or other maps as available.

Ill. TRAINING

Joint training exercises shall be carried out at least annually under the direction ofthe Chief or Training Officers in each department, with a higher frequency of joint training sessions recommended.

IV. COMMUNICATIONS

RADIO- Representatives of the responding department, after notifying their dispatch center they are en route, will switch to the requesting departments' command channel, and advise they are en route. In all cases the incoming party will communicate with Incident Command (IC) unless advised otherwise by IC. Radio traffic will be kept to a minimum. Clear text will be used.

V. INCIDENT COMMAND

Each department shall use the Incident Command System (ICS) within the National Incident Management System (NIMS).

Exhibit A- 2013 Operations Plan Page 1 of2 CES/MPVFC VI. INCIDENT REPORTING

Each department shall be responsible for documenting the incident to satisfy their respective department's needs, state and national requirements.

VII. REVISIONS

Annual Operational Plans shall be cooperatively developed and become part of the Mutual Aid Agreement upon execution by the Kenai Peninsula Borough Mayor.

AGREED:

CENTRAL EMERGENCY SERVICES MOOSE PASS VOL. FIRE COMPANY By: ______By: ______

Its: _ _,C=h=ie=£"-, =C=hri=·,._s =M=o=kr=a=c=ek::...._ __ Its: --=P...:.r=es=id=e=n:..:...t------Dated:------Dated:------

KENAI PENINSULA BOROUGH MOOSE PASS VOL. FIRE COMPANY By: ______By: ______

Its: --=-M~a:::..vL..!:o~r,~M=ik:;.::e:....::N~a~v~arr=e _____ Its: __....:::S=e=cr=e=ta=-rv.~-- ______Dated: ______;______Dated: ______

Approved by KPB Resolution No. ______

APPROVED AS TO FORM and ATTEST: LEGAL SUFFICIENCY

Borough Clerk Assistant Borough Attorney

Exhibit A - 2013 Operations Plan Page 2 of2 CES/MPVFC CES (Initials)

MPVFC (Initials) ---'-----

Attachment to Exhibit A, Mutual Aid Agreement Section II, Area Covered, Part 2A

FOR CENTRAL EMERGENCY SERVICE AREA

Kenai Peninsula Borough Code 16.30.01 0. Boundaries.

A. There is established a Central Emergency Service Area within that portion of the borough described as follows: All referenced to Seward Meridian, Alaska;

Beginning at the corner common to Tps. 3 and 4 N, Rgs. 10 and.11 W;

Thence west along the line common to T3 and 4N, R11W, to the corner common to Section ~. 4, 33 and 34;

Thence, in T3N, R11W, southerly along the line common to Sections 3 and 4 to theN 1/16 corner common to said Sections 3 and 4;

Thence westerly along the north 1/16 line of said Section 4 to the north 1/16 corner on the line common to Sections 4 and 5;

Thence northerly along said common line to the corner common to Sections 4 and 5, T3N, and Sections 32 and 33, T4N, R11W;

Thence, west along the line common to T3 and 4, R11W, to theW 1/16 corner common to Section 31, T4N, R11W and Section 6, T3N, R11W;

Thence south along theW 1/16 line of Section 6, T3N, R11W to theW 1/16 corner common to Sections 6 and 7, T3N, R11W;

Thence south along theW 1/16 line of Section 7, T3N, R11W to the SW 1/16 corner of Section 7, T3N, R11W;

Thence east along the S 1/16 line of Section 7, T3N, R11W to the S 1/16 position common to Sections 7 and 8, T3N, R11W;

Thence east along the S 1/16 line of Section 8, T3N, R11W, 660 feet, more or less, to the eastern boundary of Silver Fox Lane 30' right-of-way;

Exhibit A, Section II, Area Covered, Part 2A Page 1 of 11 Thence south along the eastern boundary of Silver Fox Lane 30' right-of-way to the southern boundary of Mink Drive 30' right-of-way, a point on the E 1/16 line of Section 17, · T3N, R11W;

Thence west along the E 1/16 line of Section 17, T3N, R11W, to the centerline of Badger Street, a point on the line common to Sections 17 and 18, T3N, R11W;

Thence south along the line common to Sections 17 and 18, T3N, R11W to the corner common to Sections 17, 18, 19 and 20, T3N, R11W, a point on the eastern boundary of Noble Street 30' right-of-way;

Thence south along the line common to Sections 19 and 20, T3N, R11W to the northwesterly boundary of the Sterling Highway;

Thence southwesterly along the northwesterly boundary of the Sterling Highway past Kalifornsky Beach Road to the northern boundary of Harlie Avenue 30' right-of-way, a point on the center% section line of Section 30, T3N, R11W;

Thence west along the said center quarter section line of Section 30, T3N, R11W, and extending west along the center quarter section line of Section 25, T3N, R12W to the easterly ordinary highwater line of the Kasilof River; Thence northerly along the easterly ordinary highwater line of the Kasilof River to the point of intersection with the mean highwater line of the easterly shore of Cook Inlet;

Thence westerly and northerly along the said mean highwater line of the right bank, Kasilof River, to the point of intersection with the mean highwater line of the easterly shore of Cook Inlet;

Thence continuing into Cook Inlet, N 45 degrees W to a point that is 1,320 feet westerly of the said mean highwater line of Cook Inlet, as measured normal to the said highwater line;

Thence northerly along a line that is 1,320 feet westerly of the said highwater line of Cook Inlet, as measured normal to the said highwater line; to a point on the westerly extension of the line common to Sections 7 and 18, T5N, R11W, said point also being on the southerly corporate boundary line of the City of Kenai;

Thence southerly along the line common to Sections 17 and 18 to the corner common to Sections 17, 18, 19 and 20;

Thence east along the line common to Sections 17 and 20, 16 and 21 to the corner common to Sections 15, 16, 21 and 22;

Exhibit A, Section II, Area Covered, Part 2A Page 2 of 11 Thence north along the line common to Sections 15 and 16 to the 'Y-1 corner common to Sections 15 and 16;

Thence east along the east-west center 'V-I line of said Section 15 to the 'Y-1 corner common to Sections 14 and 15;

Thence southerly along the line common to said Sections 14 and 15 to a point on the mean highwater line on the left bank, being the southerly side of the Kenai River;

Thence easterly, northeasterly and southeasterly along the said mean highwater line of the left bank, Kenai River, to a point on the line common to Sections 7 and 18, in T5N, R 1OW;

Thence continuing along said corporate boundary line, east to the E 1/16 corner common to said Sections 7 and 18;

Thence northerly to theSE 1/161ine through said Section 7;

Thence east to the SW 1/16 corner of Section 8;

Thence northerly to the CW 1/16 corner of said Section 8;

Thence east to the center 'Y-1 corner of said Section 8;

Thence northerly along the north-south centerline of said Section 8 to the 'Y-1 corner common to Section 5 and 8;

Thence west along the line common to said Sections 5 and 8 to the corner common to Sections 5, 6, 7 and 8;

Thence northerly along the line common to Sections 5 and 6 to the northerly section corner common to Sections 5 and 6, T5N, R10W;

Thence continue northerly along the line common to Sections 31 and 32, T6N, R10W to the S 1/16 corner common to said Sections 31 and 32;

Thence west along the S 1/16 line of said Section 31 to the S 1/16 corner common to Section 31, T6N, R10W and Section 36, T6N, R11W;

Thence north along the line common to said Sections 31 and 36 to the section corner common to Sections 30 and 31, T6N, R10W and Sections 25 and 36, T6N, R11W;

Thence, leaving the corporate boundary line of the City of Kenai, east along the line common to Sections 30 and 31, 29 and 32 to the section corner common to Sections 28, 29, 32 and 33, T6N, R10W;

Exhibit A, Section II, Area Covered, Part 2A Page 3 of 11 Thence southerly along the line common to sections 32 and 33 to the south section corner common to Sections 32 and 33, T6N, R10W;

Thence east along the line common to Tps. 5 and 6W, R 1OW to the corner common to Tps. 5 and 6N, Rgs. 9 and 1OW;

Thence north along the line common to Rgs. 9 and 1OW to the N W corner of T8N, R9W;

Thence east along the line common to Tps. 8 and 9N to the point of intersection with a line drawn along the Kenai mountains from USC & GS Triangulation Station Gore Point on the Gulf of Alaska to USC & GS Triangulation Station Gull Rock on Turnagain Arm; ·

Thence southwesterly along the above described line to the point of intersection with the ordinary highwater line on the northerly shore of Skilak Lake in T4N, R5W;

Thence northwesterly along the said ordinary highwater line of the northeasterly shore of Skilak Lake to the outlet of Skilak Lake, also being the Kenai River;

Thence northwesterly and southwesterly along the ordinary highwater line of the northerly bank of the Kenai River to the point of intersection with the line common to Tps. 4 and 5N, R10W;

Thence east along the line common to Tps. 4 and 5N, R10W, to the point of intersection with the southeasterly right-of-way line of the Funny River Road, in R9W;

Thence southwesterly, westerly and northwesterly along the southerly right-of-way line of the Funny River Road to the point of intersection with the line common to Tps. 4 and 5N, R10W, also being a point on the south line of the corporate boundary line of the City of Soldotna;

Thence west along the line common to Tps. 4 and 5N, R10W, and portions of said south corporate boundary line, to theN E corner of Section 6, T4N, R10W;

Thence southerly along the line common to Sections 5 and 6 to the south section corner common to Sections 5, 6, 7, and 8, T4N, R10W;

Thence westerly along the section line common to Sections 6 and 7 to the point of intersection with the easterly line of the Sterling Highway right-of-way;

Thence northeasterly along the easterly line of the Sterling Highway right-of-way to the point of intersection with the line common to Tps. 4 and 5N, R10W;

Thence west along the line common to Tps. 4 and 5N, R10W to the northeast corner of T4N, R11W, also being the northwest corner of T4N, R10W;

Exhibit A, Section II, Area Covered, Part 2A Page 4 of 11 Thence south along the line common to T4N, Rgs. 10 and 11W, to the corner common to Tps. 3 and 4N, Rgs. 10 and 11W and being the Point of Beginning.

B. There is established a Central Emergency Service Area within that portion of the borough described as follows: All referenced to Seward Meridian, Alaska;

Beginning at the corner common to T3 and 4N, R10 and 11W;

Thence west along the line common to T3 and 4N, R11W, to the corner common to Section ~. 4, 33 and 34;

Thence, in T3N, R11W, southerly along the line common to Sections 3 and 4 to theN 1/16 corner common to said Sections 3 and 4;

Thence westerly along the north 1/16 line of said Section 4 to the north 1/16 corner on the line common to Sections 4 and 5;

Thence northerly along said common line to the corner common to Sections 4 and 5, T3N, and Sections 32 and 33, T4N, R11W;

Thence, west along the line common to T3 and 4, R11W, to theW 1/16 corner common to Section 31, T4N, R11W and Section 6, T3N, R11W;

Thence south along theW 1/161ine of Section 6, T3N, R11W to theW 1/16 corner common to Sections 6 and 7, T3N, R11W;

Thence south along the W 1/16 line of Section 7, T3N, R11W to the SW 1/16 corner of Section 7, T3N, R11W;

Thence east along the S 1/161ine of Section 7, T3N, R11W to the S 1/16 position common to Sections 7 and 8, T3N, R11W;

Thence east along the S 1/16 line of Section 8, T3N, R11W, 660 feet, more or less, to the eastern boundary of Silver Fox Lane 30' right-of-way;

Thence south along the eastern boundary of Silver Fox Lane 30' right-of-way to the southern boundary of Mink Drive 30' right-of-way, a point on the E 1/16 line of Section 17, T3N, R11W;

Thence west along the E 1/16 line of Section 17, T3N, R11W, to the centerline of Badger Street, a point on the line common to Sections 17 and 18, T3N, R11W;

Exhibit A, Section II, Area Covered, Part 2A Page 5 of 11 Thence south along the line common to Sections 17 and 18, T3N, R11W to the corner common to Sections 17, 18, 19 and 20, T3N, R11W, a point on the eastern boundary of Noble Street 30' right-of-way;

Thence south along the line common to Sections 19 and 20, T3N, R11W to the northwesterly boundary of the Sterling Highway;

Thence southwesterly along the northwesterly boundary of the Sterling Highway past Kalifornsky Beach Road to the northern boundary of Harlie Avenue 30' right-of-way, a point on the center% section line of Section 30, T3N, R11W;

Thence west along the said center quarter section line of Section 30, T3N, R11W, and extending west along the center quarter section line of Section 25, T3N, R12W to the easterly ordinary highwater line of the Kasilof River; Thence northerly along the easterly ordinary highwater line of the Kasilof River to the point of intersection with the mean highwater line of the easterly shore of Cook Inlet;

Thence westerly and northerly along the said mean highwater line of the right bank, Kasilof River, to the point of intersection with the mean highwater line of the easterly shore of Cook Inlet;

Thence continuing into Cook Inlet, N 45 degrees W to a point that is 1 ,320 feet westerly of the said mean highwater line of Cook Inlet, as measured normal to the said highwater line;

Thence northerly along a line that is 1 ,320 feet westerly of the said highwater line of Cook Inlet, as measured normal to the said highwater line; to a point on the westerly extension of the line common to Sections 7 and 18, T5N, R 11 W, said point also being on the southerly corporate boundary line of the City of Kenai;

Thence west along the line common to Sections 7 and 18 to the section corner common to Sections 7, 8, 17, and 18, T5N, R11W;

Thence southerly along the line common to Sections 17 and 18 to the corner common to Sections 17, 18, 19 and 20;

Thence east along the line common to Sections 17 and 20, 16 and 21 to the corner common to Sections 15, 16, 21 and 22;

Thence north along the line common to Sections 15 and 16 to the % corner common to Sections 15 and 16;

Thence east along the east-west center % line of said Section 15 to the % corner common to Sections 14 and 15;

Exhibit A, Section II, Area Covered, Part 2A Page 6 of 11 Thence southerly along the line common to said Sections 14 and 15 to a point on the mean highwater line on the left bank, being the southerly side of the Kenai River;

Thence easterly, northeasterly and southeasterly along the said mean highwater line of the left bank, Kenai River, to a point on the line common to Sections 7 and 18, in T5N, R10W;

Thence continuing along said corporate boundary line, east to the E 1/16 corner common to said Sections 7 and 18;

Thence northerly to theSE 1/16 line through said Section 7;

Thence east to the SW 1/16 corner of Section 8;

Thence northerly to the CW 1/16 corner of said Section 8;

Thence east to the center '!4 corner of said Section 8;

Thence northerly along the north-south centerline of said Section 8 to the '!4 corner common to Section 5 and 8;

Thence west along the line common to said Sections 5 and 8 to the corner common to Sections 5, 6, 7 and 8;

Thence northerly along the line common to Sections 5 and 6 to the northerly s·ection corner common to Sections 5 and 6, T5N, R10W;

Thence continue northerly along the line common to Sections 31 and 32, T6N, R10W to the S 1/16 corner common to said Sections 31 and 32;

Thence west along the S 1/16 line of said Section 31 to the S 1/16 corner common to Section 31, T6N, R10W and Section 36, T6N, R11W;

Thence north along the line common to said Sections 31 and 36 to the section corner common to Sections 30 and 31, T6N, R10W and Sections 25 and 36, T6N, R11W;

Thence, leaving the corporate boundary line of the City of Kenai, east along the line common to Sections 30 and 31, 29 and 32 to the section corner common to Sections 28, 29, 32 and 33, T6N, R10W;

Thence southerly along the line common to sections 32 and 33 to the south section corner common to Sections 32 and 33, T6N, R10W;

Thence east along the line common to T5 and 6W, R10W to the corner common to T5 and 6N, R9 and 10W;

Exhibit A, Section II, Area Covered, Part 2A Page 7 of 11 Thence north along the line common to R9 and 10W to theN W corner of T8N, R9W;

Thence east along the line common to TB and 9N to the point of intersection with a line drawn along the Kenai mountains from USC & GS Triangulation Station Gore Point on the Gulf of Alaska to USC & GS Triangulation Station Gull Rock on Turnagain Arm;

Thence southwesterly along the above described line to the point of intersection with the ordinary highwater line on the northerly shore of Skilak Lake in T4N, R5W;

Thence northwesterly along the said ordinary highwater line of the northeasterly shore of Skilak Lake to the outlet of Skilak Lake, also being the Kenai River;

Thence northwesterly and southwesterly along the ordinary highwater line of the northerly bank of the Kenai River to the point of intersection with the line common to T4 and 5N, R8W;

Thence west along the line common to T4 and 5N, R8W, to the point of intersection with the southeasterly right-of-way line of the Funny River Road, in R9W;

Thence southwesterly, westerly and northwesterly along the southerly right-of-way line of the Funny River Road to the point of intersection with the line common to T4 and 5N, R10W, also being a point on the south line of the corporate boundary line of the City of Soldotna;

Thence west along the line common to T4 and 5N, R10W, and portions of said south corporate boundary line, to the NE corner of Section 6, T4N, R10W;

Thence southerly along the line common to Sections 5 and 6 to the south section corner common to Sections 5, 6, 7, and 8, T4N, R10W;

Thence westerly along the section line common to Sections 6 and 7 to the point of intersection with the easterly line of the Sterling Highway right-of-way;

Thence northeasterly along the easterly line of the Sterling Highway right-of-way to the point of intersection with the line common to T4 and 5N, R10W;

Thence west along the line common to T4 and 5N, R10W to the northeast corner of T4N, R11W, also being the northwest corner of T4N, R10W;

Thence south along the line common to T4N, R10 and 11W, to the corner common to T3 and 4 N, R1 0 and 11W and being the Point of Beginning.

C. There is established a Central Emergency Service Area within that portion of the borough described as follows: All referenced to Seward Meridian, Alaska;

Exhibit A, Section II, Area Covered, Part 2A Page 8 of 11 Beginning at the corner common to T3 and 4N, R10 and 11W;

Thence south along the range line common to R10 and 11W to a corner common to T2 and 3N, R1 0 and 11W;

Thence west along the township line to a corner common with Sections 4 and 5, T2N, R11W, and Sections 32 and 33, T3N, R11W;

Thence south along the section lines to a corner common with Sections 5 and 6, T1 N, R11W, and Sections 31 and 32, T2N, R11W;

Thence west along the township line to the intersection of a point 1 ,320 feet westerly bf the mean highwater line of Cook Inlet, as measured normal to the mean highwater line;

Thence northerly along a line that is 1,320 feet westerly of the said highwater line of Cook Inlet, as measured normal to the said highwater line; to a point on the westerly extension of the line common to Sections 7 and 18, T5N, R11W, said point also being on the southerly corporate boundary line of the City of Kenai;

Thence west along the line common to Sections 7 and 18 to the section corner common to Sections 7, 8, 17, and 18, T5N, R11W;

Thence southerly along the line common to Sections 17 and 18 to the section corner common to Sections 17 18, 19, and 20, T5N, R11W;

Thence east along the line common to Sections 17 and 20, 16 and 21 to the corner common to Sections 15, 16, 21 and 22;

Thence north along the line common to Sections 15 and 16 to the ~ corner common to Sections 15 and 16;

Thence east along the east-west center ~ line of said Section 15 to the ~ corner common to Sections 14 and 15;

Thence southerly along the line common to said Sections 14 and 15 to a point on the mean highwater line on the left bank, being the southerly side of the Kenai River;

Thence easterly, northeasterly and southeasterly along the said mean highwater line of the left bank, Kenai River, to a point on the line common to Sections 7 and 18, in T5N, R10W;

Thence continuing along said corporate boundary line, east to the E 1/16 corner common to said Sections 7 and 18;

Thence northerly to theSE 1/161ine through said Section 7;

Exhibit A, Section II, Area Covered, Part 2A Page 9 of 11 Thence east to the SW 1/16 corner of Section 8;

Thence northerly to the C W 1/16 corner of said Section 8;

Thence east to the center % corner of said Section 8;

Thence northerly along the north-south centerline of said Section 8 to the % corner common to Section 5 and 8;

Thence west along the line common to said Sections 5 and 8 to the corner common to Sections 5, 6, 7 and 8;

Thence northerly along the line common to Sections 5 and 6 to the northerly section corner common to Sections 5 and 6, T5N, R10W;

Thence continue northerly along the line common to Sections 31 and 32, T6N, R10W to the S 1/16 corner common to said Sections 31 and 32;

Thence west along the S 1/16 line of said Section 31 to the S 1/16 corner common to Section 31, T6N, R10W and Section 36, T6N, R11W;

Thence north along the line common to said Sections 31 and 36 to the section corner common to Sections 30 and 31, T6N, R10W and Sections 25 and 36, T6N, R11W;

Thence, leaving the corporate boundary line of the City of Kenai, east along the line common to Sections 30 and 31, 29 and 32 to the section corner common to Sections 28, 29, 32 and 33, T6N, R10W;

Thence southerly along the line common to sections 32 and 33 to the south section corner common to Sections 32 and 33, T6N, R10W;

Thence east along the line common to T5 and 6W, R 1OW to the corner common to T5 and 6N, R9 and 1OW;

Thence north along the line common to R9 and 10W to theN W corner of T8N, R9W;

Thence east along the line common to T8 and 9N to the point of intersection with a line drawn along the Kenai mountains from USC & GS Triangulation Station Gore Point on the Gulf of Alaska to USC & GS Triangulation Station Gull Rock on Turnagain Arm;

Thence southwesterly along the above described line to the point of intersection with the ordinary highwater line on the northerly shore of Skilak Lake in T4N, R5W;

Exhibit A, Section II, Area Covered, Part 2A Page 10 of 11 Thence northwesterly along the said ordinary highwater line of the northeasterly shore of Skilak Lake to the outlet of Skilak Lake, also being the Kenai River;

Thence northwesterly and southwesterly along the ordinary highwater line of the northerly bank of the Kenai River to the point of intersection with the line common to T4 and 5N, R10W;

Thence east along the line common to T4 and 5N, R10W, to the point of intersection with the southeasterly right-of-way line of the Funny River Road, in R9W;

Thence southwesterly, westerly and northwesterly along the southerly right-of-way line of the Funny River Road to the point of intersection with the line common to Tps. 4 and 5N, R10W, also being a point on the south line of the corporate boundary line of the City of Soldotna;

Thence west along the line common to T4 and 5N, R10W, and portions of said south corporate boundary line, to the NE corner of Section 6, T4N, R10W;

Thence southerly along the line common to Sections 5 and 6 to the south section corner common to Sections 5, 6, 7, and 8, T4N, R10W;

Thence westerly along the section line common to Sections 6 and 7 to ·the point of intersection with the easterly line of the Sterling Highway right-of-way;

Thence northeasterly along the easterly line of the Sterling Highway right-of-way to the point of intersection with the line common to T4 and 5N, R10W;

Thence west along the line common to T4 and 5N, R10W to the northeast corner of T4N, R11W, also being the northwest corner of T4N, R10W;

Thence south along the line common to T4N, R10 and 11W, to the corner common to T3 and 4 N, R 10 and 11W and being the Point of Beginning.

Exhibit A, Section II, Area Covered, Part 2A Page 11 of 11 CES (Initials)

MPVFC (Initials) ----"------

Attachment to Exhibit A, Mutual Aid Agreement Section II, Area Covered, Part 2B

FOR MOOSE PASS VOLUNTEER FIRE COMPANY

Moose Pass Volunteer Fire Company (MPVFC) reports that their jurisdictional area is as follows:

MPVFC responds to incidents along miles 17 to 44 of the Seward Highway, and from miles 37 to mile 42 of the Sterling Highway.

MPFVC will attend to incidents up to the ferry crossing of the Russian River along the Sterling Highway, if requested by Cooper Landing Emergency Services, Inc.

MPVFC will attend to incidents to mile 75 of the Sterling Highway if requested by the Alaska State Troopers.

MPVFC will attend to incidents in Hope, Alaska, for fire, extrication, and emergency medical services if requested by the Alaska State Troopers or Hope Emergency Services. KENAI PENINSULA BOROUGH 144 North Binkley Street • Soldotna, Alaska 99669-7520 Toll-free within the Borough: 1-800-478-4441 PHONE: (907) 262-4441 o FAX: (907) 262-1892 www.borough.kenai.ak,us

MIKE NAVARRE BOROUGH MAYOR

NOTICE OF APPOINTMENTS TO ADVISORY PLANNING COMMISSIONS

TO: Linda Murphy, Assembly President Members of the Kenai Peninsula Borough Assembly~ FROM: Mike Navarre, Kenai Peninsula Borough Mayor c'\/ DATE: September 17,2013 SUBJECT: Recommended Appointment to Advisory Planning Commissions

In accordance with KPB 21.02, appointments to Kenai Peninsula Borough Advisory Planning Commissions are recommended by the Borough Mayor, subject to confirmation by the Borough Assembly. The applicant is a registered voter and resides within the area to be represented. I hereby submit to you for confirmation the following Advisory Planning Commission appointment:

Cooper Landing APC Seat Term Expires Laura Johnson G September 30,2016

Agenda Item ··--·-- 0. 2· .b Committee r~P Attachments: Application or Letter for Appointment Clerks Verification Page Nu rnber ,__ _i_ti_. ____ KENAI PENINSULA BOROUGH Office of the Borough Clerk 144 North Binkley Street Johni Blankenship, MMC Soldotna, AK 99669 Borough Clerk Phone 907-714-2160 Fax 907-714-2388

MEMORANDUM

TO: Mike Navarre, Borough Mayor THRU: Johni Blankenship, Borough Clerk ff~ FROM: Michele Turner, Deputy Borough ClerJV\A{J

DATE: September 9, 2013

RE: Verification of Advisory Planning Commission Applicant

As per KPB 21.02.0SO(B), the applicant listed below has been verified as a registered voter of the Kenai Peninsula Borough and their permanent place of residence is within the Advisory Planning Commission boundaries.

COOPER LANDING ADVISORY PLANNING COMMISSION

Laura Johnson Name: Laura Johnson Mailing Address: PO Box 761, Cooper Landing, AK 99572 Mailing Address: PO Box 761, Cooper Landing, AK 99572 Physical Address: 34630 East Quartz Creek Road, Cooper Landing, AK 99572 Home Phone: 907-595-1598 Fax No.: 907-595-1598 E-mail Address: [email protected] Occupation or place of employment: Co-Owner Jon James Construction Today's Date: 9/4/2013 Which advisory planning commission do you wish to serve on? Cooper Landing How long have you lived in the area served by this advisory planning commission? 1Oyrs What knowledge, experience, or expertise will you bring to this commission? (Use additional paper if necessary) BS Geography (Urban Studies) What are the land use and planning issues in your community? Following the borough's recent land selections there will be the task ofland use classification. There is ongoing need for over site of platting and land use. Community developmental along the existing roadway requires careful thought and planning. This is needed whether or not the by-pass is ever built. What would you like to see done with borough owned lands 'in your area? Balance of residential development along with preservation of natural wildlife and aquatic habitat. Have you, or do you currently, serve on other Kenai Peninsula Borough commissions, boards or task forces? No Are you available for night meetings? Yes Are you available for day meetings? Yes Comments (Areas of interest, additional experience or qualifications, etc.): Cooper Landing has been my home for over l 0 years. My husband and I have our business and home here. We are raising our 4 year old daughter here because we think Cooper Landing is a unique and special place. I would like to sit on this commission to help ensure Cooper Landing retains its balance of development along with preserving its natural resources. KENAI PENINSULA BOROUGH Office of the Borough Clerk 144 North Binkley Street Johni Blankenship, MMC Soldotna, AK 99669 Borough Clerk Phone 907-714-2160 Fax 907-714-2388

MEMORANDUM

To: Linda Murphy, Assembly President Members, Kenai Peninsula Borough Assembly

Thru: Johni Blankenship, Borough Clerkfl£5),

From: Michele Turner, Deputy Borough Clerk11 u~)

Date: September 17, 2013

RE: Ordinance 2013-31: Authorizing the Mayor to Execute a Sublease and Operating Agreement with South Peninsula Hospital, Inc. for South Peninsula Hospital and Other Medical Facilities (Mayor)

The South Peninsula Hospital, Inc. (SPHI) Board and South Kenai Peninsula Hospital Service Area Board have both reviewed the subject matter and offer the following amendments to fill-in the blanks:

The fourth Whereas clause to read as follows:

WHEREAS, at its meeting of August 28, 2013, SPHI board of directors recommended approval of the sublease and operating agreement as written by unanimous consent;

The final Whereas clause to read:

WHEREAS, at its meeting of September 12, 2013 the South Kenai Peninsula Hospital Service Area Board recommended approval by majority consent;

Agenda Item_ _ M.L-+ Additionally, amend Section 2 to read: Committee p~p

Page Number·---~---- Page -2- September 17, 2013 MEMO TO AMEND ORDINANCE 2013-31

SECTION 2. The Sublease and Operating Agreement draft, [DATED] Effective January 1, 2014, to be entered between SPHI and the Kenai Peninsula Borough on behalf of the South Kenai Peninsula Hospital Service Area, a copy of which is attached and incorporated herein by reference, is approved. The mayor is authorized to execute a Sublease and Operating Agreement that substantially complies with the terms of the approved draft and to take such actions as are necessary to implement its terms and conditions.

Thank you.

S:\WPWIN\DATA\ORDS\2013\02013-3llnc & SAB Recommendations.rtf -South Administration ~,, Peninsula MEMO· 4300 Bartlett Street Homer, AK 99603 ...... Hospital 907-235-0325- 907-235.0253. fax

To: SPH Board of Directors From: Bob Letson, CEO Date: August 28, 2013 Re: Sublease and Operating Agreement

Attached is the latest version of the proposed Sublease and Operating Agreement. The Borough used as a base the proposed SLOA that we sent to them earlier this year. A few changes were made, most notably adding 19.a.vii. which clarifies that the insurance purchased by South Peninsula Hospital will be primary to the borough's insurance. Administration consulted with its insurance broker, and there is no problem with the Borough's proposal from an insurance industry perspective. However, assuming Board approval and Borough Assembly approval, there would be a different Additional Insured Endorsement that South Peninsula Hospital would need to execute to adopt this change in the agreement.

The Borough introduced this item at their August 20 meeting with a final hearing scheduled on September 17.

Recommended motion: Consideration to Approve the Sublease and Operating Agreement between South Peninsula Hospital and the Kenai Peninsula Borough as written.

*****

At the South Peninsula Hospital Operating Board meeting on August 28, 2013, the Board of Directors unanimously supported the Sublease and Operating Agreement }?~ospital an:2e~;nai Peninsula Borough as written.

""'~,.....,.q..~~:.~~!e!L::::e=-ts....:ol!=-,..__.,."'o~~ · Datfil '!!::{-£

Pagel ofl Date: September 13, 2013

From: South Peninsula Hospital Service Area Board

To: Kenai Peninsula Borough Clerk's Office

Re: Motion and Roll Call Vote for KPB Sublease and Operating Agreement Ordinance 2013- 31 during the September 12, 2013 SAB meeting.

Marie Walli moved, Jacqueline Lenew seconded:

To approve Kenai Peninsula Borough Ordinance 2013-31, an ordinance authorizing the Mayor to execute a Sublease and Operating Agreement with South Peninsula Hospital, Inc. for South Peninsula Hospital and other medical facilities.

Roll Call Vote Yes: Barbara McBride, Judith Lund, Ralph Broshes, Jacqueline Lenew, Christine Griffard, Marie Walli, Roberta Highland No: 0 Absent: Doris Cabana KENAI PENINSULA BOROUGH Office of the Borough Clerk 144 North Binkley Street Johni Blankenship, MMC Soldotna, AK 99669 Borough Clerk Phone 907-714-2160 Fax 907-714-2388

MEMORANDUM

TO: Linda Murphy, Assembly President Kenai Peninsula Borough Assembly Members

THRU: Johni Blankenship, Borough Clerk f/!J) FROM: Michele Turner, Deputy Borough ClerkfV\M)

DATE: September 17, 2013

RE: Approval of Additional October 1, 2013 Regular Municipal Election Workers

Subsequent to our memo provided in the packet, we are submitting additional Precinct Board Members for your consideration.

Precinct Name Name of Election Worker

Kasilof Steve Carter Patti Murray Jolaine "Jody" Toombs Linda Wright

Kachemak I Fritz Creek Joyce Port

Kenai No.2 Lucy Barton Janice Daniels Deborah Fullinck Betty Glick Carl Glick

1\genda !tern_ o. ~.C\ n ~I") Committee --~--r_r____ _

(con't next page) F~-age Number ··------~_9~~·-··- Page -2- September 17, 2013 Approval of Additional October 1, 2013 Regular Election Workers

Also, the following Precincts have had the following board members change:

Kenai No.1 [RITA SMAGGE] Susan Smalley

Funny River No. 2 [LINDSAY MESSA] Connie Taplin

Kenai No.3 [ROSEANNA SHELDON]

KPB 4.50.010 further provides that the clerk may appoint workers where they are needed to relieve the election judges of any undue hardship and may also appoint a replacement if any appointed election official is not able to serve on Election Day. South Peninsula Hospital, Inc. Quarterly Report September, 2013

Prepared for the Kenai Peninsula Borough Assembly and Administration Overview of Presentation

 What’s New  Hospital Happenings  Financial Report  On the Horizon

Natural Gas Comes to SPH!

Hospital Happenings • Student Athlete Physicals • Recent Surveys • New Phone System • Productivity Study • CPSI Upgrades

Three nurse volunteers, ready to serve at student physical exam clinic! Who’s New? • Dr. Fowler - Anesthesia Medical Director • Operating Room Manager • Patient Financial Services Manager • Nurse Practitioner at HMC • Ryan Abbott, DDS Raymond Fowler, MD Financial Snapshot

Key Indicators: Comparison of FY 2012 vs. FY 2013 • Volume Statistics • Gross Revenue • Operating Expenses • Earnings • Cash on Hand • Net Income Patient Volume

Key Statistics - FY 2012 vs. FY 2013

56% increase 40000 36742 35000

30000

25000 23564 0.8% increase 20000

15000 9276 9348 11% increase 10000 12% increase

5000 2849 3168 1111 1240 0 Outpatient Visits Long Term Care Acute Care OP Surgery Days Patient Days

FY 2012 FY 2013 Gross Revenue

Key Statistics - FY 2012 vs. FY 2013

27% increase $80,000,000

$70,000,000 $66,976,919

$60,000,000 $52,886,440 $50,000,000

$40,000,000 FY 2012 FY 2013

$30,000,000

$20,000,000

$10,000,000

$0 Gross Patient Revenue Operating Expenses

Key Statistics - FY 2012 vs. FY 2013

21% increase 60,000,000

50,000,000 48,023,064 39,608,126 40,000,000 FY 2012 30,000,000 FY 2013 20,000,000

10,000,000

- Total Expenses Earnings Before Interest, Taxes, Depreciation & Amortization

EBITDA FY 2012 vs. FY 2013

50% decrease $3,000,000 2,629,657

$2,500,000

$2,000,000

FY 2012 FY 2013 $1,500,000 1,310,332

$1,000,000

$500,000

$0 EBITDA Cash on Hand

Key Statistics -FY2012 vs. FY2013 6,000,000 $5,414,895

5,000,000 35% decrease

4,000,000 $3,508,817

3,000,000 FY 2012

FY 2013

2,000,000

1,000,000

- Cash on Hand Net Income

Key Statistics-FY2012 vs. FY 2013

30% decrease $3,000,000

$2,452,182 $2,500,000

$2,000,000 $1,717,425

$1,500,000 FY 2012 FY 2013

$1,000,000

$500,000

$0 Net Income Reflection Room Open Reflection Room - Clergy Dedication