Kenai Peninsula Borough

ASSEMBLY packet

February 19, 2013

6:00 p.m.

Assembly Chambers George A. Navarre Borough Administration Building 144 North Binkley Street, Soldotna February 2013 Monthly Planner Sunday Monday Tu e sd a y Wednesday Thursday Friday Saturday

Jan 2013 Mar 2013 1 2 SMTWTFS SMTWTFS 12345 12 6 7 8 9 10 11 12 3456789 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 29 30 31

3 4 5 6 7 8 9 6:00 PM 7:00 PM Anchor 6:00 PM Cooper 7:00 PM SBCFSA Work Point APC Landing APC Hope/Sunrise Session APC

7:00 PM SBCF 7:00 PM SA Assembly Meeting

10 11 12 13 14 15 16 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 (cancelled) 6:30 PM Anchor 5:30 PM KPB Plat Point FSA 7:00 PM KESA Committee & 7:30 (cancelled) PM KPB Planning Commission 7:00 PM Road SA 7:00 PM KPB School Board 7:30 PM Bear Creek FSA 17 18 19 20 21 22 23 7:00 PM AFHP Borough Holiday: 6:00 PM President's Day Assembly Task Force Meeting 7:00 PM CES

24 25 26 27 28 5:30 PM KPB 6:30 PM Anchor Plat Committee Point FSA & 7:30 PM KPB Planning Commission

7:00 PM North Pen.Rec.SA

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

Feb 2013 Apr 2013 1 2 SMTWTFS SMTWTFS 12 123456 3456789 7 8 9 10111213 10 11 12 13 14 15 16 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 24 25 26 27 28 28 29 30

3 4 5 6 7 8 9 7:00 PM KPB 7:00 PM Anchor 6:00 PM Cooper 7:00 PM School Board Point APC Landing APC Hope/Sunrise APC 7:00 PM SBCF SA

10 11 12 13 14 15 16 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 6:30 PM Anchor Point FSA Plat Committee & 7:00 PM KESA 7:30 PM KPB 7:00 PM Road SA Planning Commission 7:30 PM Bear Creek FSA 17 18 19 20 21 22 23 6:00 PM 6:00 PM 7:00 PM CES SBCFSA Work Assembly Session Meeting 7:00 PM SBCF SA

24 25 26 27 28 29 30 5:30 PM KPB 6:30 PM Anchor Plat Committee Point FSA & 7:30 PM KPB Planning Commission

7:00 PM North Pen.Rec.SA 31

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

Feb 2013 FEBRUARY 17 Assembly Meeting Aug 2013 SMTWTF S SMTWTF S 12 5 Assembly Meeting (Homer) 123 3456789 OCTOBER 45678910 10 11 12 13 14 15 16 12 02/12-02/14 AML 11 12 13 14 15 16 17 17 18 19 20 21 22 23 Legilative Conf. 8 Assembly Meeting 18 19 20 21 22 23 24 24 25 26 27 28 25 26 27 28 29 30 31 18 Borough Holiday: 22 Assembly Meeting President's Day NOVEMBER Mar 2013 19 Assembly Meeting Sep 2013 SMTWTF S 5 Assembly Meeting SMTWTF S 1 2 MARCH 1 2 34567 3456789 11 Borough Holiday: 8 9 10 11 12 13 14 10 11 12 13 14 15 16 2 03/02-03/06 NACo Veterans Day 15 16 17 18 19 20 21 17 18 19 20 21 22 23 Legislative Meeting 22 23 24 25 26 27 28 24 25 26 27 28 29 30 18 11/18-11/22 AML Annual 29 30 31 19 Assembly Meeting Conf. APRIL 28 Borough Holiday: Apr 2013 Oct 2013 SMTWTF S 2 Assembly Meeting Thanksgiving SMTWTFS 1 23456 12345 29 7 8 9 10111213 16 Assembly Meeting Borough Holiday: 678 9 10 11 12 14 15 16 17 18 19 20 (Seward) Thanksgiving 13 14 15 16 17 18 19 21 22 23 24 25 26 27 20 21 22 23 24 25 26 28 29 30 MAY DECEMBER 27 28 29 30 31 7 Assembly Meeting 3 Assembly Meeting 24 May 2013 21 Assembly Meeting Borough Holiday: Nov 2013 SMTWTF S Christmas Eve SMTWTF S 1234 27 Borough Holiday: 12 567891011 Memorial Day 25 Borough Holiday: 3456789 12 13 14 15 16 17 18 Christmas 10 11 12 13 14 15 16 19 20 21 22 23 24 25 JUNE 17 18 19 20 21 22 23 26 27 28 29 30 31 24 25 26 27 28 29 30 4 Assembly Meeting 18 Assembly Meeting Jun 2013 Dec 2013 SMTWTF S JULY SMTWTF S 1 2 Assembly Meeting 1234567 2345678 8 9 10 11 12 13 14 9 101112131415 4 Borough Holiday: 15 16 17 18 19 20 21 16 17 18 19 20 21 22 22 23 24 25 26 27 28 23 24 25 26 27 28 29 Independence Day 29 30 31 30 AUGUST 6 Assembly Meeting Jul 2013 Jan 2014 SMTWTF S 20 Assembly Meeting SMTWTF S 1 23456 1234 7 8 9 10111213 SEPTEMBER 567891011 14 15 16 17 18 19 20 12 13 14 15 16 17 18 21 22 23 24 25 26 27 2 Borough Holiday: Labor 19 20 21 22 23 24 25 28 29 30 31 Day 26 27 28 29 30 31 3 Assembly Meeting

Printed by Calendar Creator for Windows on 1/25/2013 Kenai Peninsula Borough Assembly Assembly Meeting Schedule

TUESDAY, FEBRUARY 19, 2013

1:00 PM Joint Work Session with KPB Planning Commission and KPB Assembly, "Municipal Entitlement Selection Project"

3:15 PM Finance Committee

4:15 PM Policies and Procedures Committee

4:45 PM Legislative Committee

6:00 PM Regular Assembly Meeting

Above listed meetings will be held in:

Assembly Chambers George A. Navarre Kenai Peninsula Borough Administration Building 144 North Binkley Street, Soldotna,

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

Assembly Chambers February 19,2013 3:15PM George A. Navarre Kenai Peninsula Borough Administration Building, Soldotna

Charlie Pierce, Chair Bill Smith, Vice Chair Kelly Wolf

AGENDA

ITEMS NOT APPEARING ON THE REGULAR MEETING AGENDA

1. RBC Public Funds Service, Review ofthe Borough's Investment Portfolio (30 minutes)

2. Mike Munger, CEO, Cook Inlet Regional Citizens Advisory Council (CIRCAC), "Marine Vessel Traffic Risk Assessment Study" (10 minutes)

0. NEW BUSINESS

1. Bid Awards

*a. Resolution 2013-015: Authorizing Award of a Contract for External Audit Services for the Fiscal Years 2013 through 2015 (Mayor) ...... 21

2. Resolutions

*a. Resolution 2013-016: Declaring the Official Intent to Issue Revenue Bonds in the Aggregate Principal Amount of Not to Exceed $37,000,000 to Pay the Costs to Design, Construct, and Equip an Extension to the Borough's Central Peninsula Hospital for Hospital and Medical Clinic Purposes (Mayor) ...... 24

3. Ordinances

*a. Ordinance 2012-19-44: Appropriating $ for the Bear Creek Fire Service Area, to Pay the Costs of Planning, Designing, Constructing, and Financing a Fire Station in Bear Creek Fire Service area with Funding Provided by Issuance of $ in Bear Creek Fire Service Area General Obligation Bonds (Mayor) (Hearing on 03119/13) ...... 30

*Consent Agenda Items

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

Assembly Chambers February 19,2013 4:15PM George A. Navarre Kenai Peninsula Borough Administration Building, Soldotna

Mako Haggerty, Chair Brent Johnson, Vice Chair Hal Smalley

AGENDA

K. MAYOR'S REPORT ...... 11

1. Assembly Requests/Responses- None.

2. Agreements and Contracts

a. Authorization to Award Contract for ITB13-025 C&D Cell Clearing and Grubbing FY13 to CIC, Inc ...... 12

b. Authorization to Award Contract for RFP13-008 Spill Prevention, Control and Countermeasure (SPCC) Plans Consultant to Shannon & Wilson, Inc ...... 14

3. Other

a. Investment Portfolio Report ...... 15

M. PUBLIC HEARINGS ON ORDINANCES

1. Ordinance 2013-04: Amending KPB 3.04.115 to Repeal the Requirement that the Assembly Approve Administrative Position Job Descriptions (Mayor) ...... 17

0. NEW BUSINESS

2. Resolutions

*b. Resolution 2013-017: Urging the Alaska Board of Fisheries to Hold its 2014 Meeting Concerning Upper Cook Inlet Finfish Proposals within the Kenai Peninsula Borough (Mayor, Johnson) ...... 27

Kenai Peninsula Borough Assembly Page 1 of2 POLICIES AND PROCEDURES COMMITTEE 3. Ordinances

*b. Ordinance 2013-09: Amending KPB Title 16 to Clarify that Terms of Service for Service Area Boards with Elected Members Continue Until a Successor is Elected or Appointed (Mayor) (Hearing on 03119113) ...... 33

*Consent Agenda Items

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

Assembly Chambers February I9, 20I3 4:45PM George A. Navarre Kenai Peninsula Borough Administration Building, Soldotna

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

AGENDA

ITEMS NOT APPEARING ON THE REGULAR MEETING AGENDA

1. Alaska Municipal League (AML) Legislative Trip Report (10 minutes)

*Consent Agenda Items

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

February 19, 2013- 6:00PM Regular Meeting Assembly Chambers, Soldotna, Alaska

Linda Murphy A. CALL TO ORDER Assembly President Seat 4 - Soldotna Term Expires 2013 B. PLEDGE OF ALLEGIANCE

Hal Smalley c. INVOCATION Assembly Vice President Seat 2 - Kenai Term Expires 2014 D. ROLLCALL

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

Sue McClure G. APPROVAL OF MINUTES Assembly Member Seat 6- East Peninsula *1. February 5, 2013 Regular Assembly Meeting Minutes ...... 1 Term Expires 2015

Charlie Pierce H. COMMENDING RESOLUTIONS AND PROCLAMATIONS Assembly Member Seat 5-Sterling/Funny I. PRESENTATIONS WITH PRIOR NOTICE (20 minutes total) River Term Expires 2014 J. PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE Bill Smith AGENDA (3 minutes per speaker; 20 minutes aggregate) Assembly Member Seat 8- Homer Term Expires 2014 K. MAYOR'S REPORT ...... 11

Ray Tauriainen 1. Assembly Requests/Responses- None. Assembly Member Seat 3 - Nikiski Term Expires 2013 2. Agreements and Contracts

Kelly Wolf a. Authorization to Award Contract for ITB 13-025 Assembly Member Seat 1 - Kalifornsky C&D Cell Clearing and Grubbing FY13 to CIC, Term Expires 2015 Inc ...... 12

February 19,2013 Page 1 of4 b. Authorization to Award Contract for RFP13-008 Spill Prevention, Control and Countermeasure (SPCC) Plans Consultant to Shannon & Wilson, Inc ...... 14

3. Other

a. Investment Portfolio Report ...... 15

L. ITEMS NOT COMPLETED FROM PRIOR AGENDA- None.

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

1. Ordinance 2013-04: Amending KPB 3.04.115 to Repeal the Requirement that the Assembly Approve Administrative Position Job Descriptions (Mayor) (Referred to Policies and Procedures Committee) ...... 17

N. UNFINISHED BUSINESS- None.

0. NEW BUSINESS

1. Bid Awards

*a. Resolution 2013-015: Authorizing Award of a Contract for External Audit Services for the Fiscal Years 2013 through 2015 (Mayor) (Referred to Finance Committee) ...... 21

2. Resolutions

*a. Resolution 2013-016: Declaring the Official Intent to Issue Revenue Bonds in the Aggregate Principal Amount of Not to Exceed $37,000,000 to Pay the Costs to Design, Construct, and Equip an Extension to the Borough's Central Peninsula Hospital for Hospital and Medical Clinic Purposes (Mayor) (Referred to Finance Committee) ...... 24

*b. Resolution 2013-017: Urging the Alaska Board of Fisheries to Hold its 2014 Meeting Concerning Upper Cook Inlet Finfish Proposals within the Kenai Peninsula Borough (Mayor, Johnson) (Referred to Policies and Procedures Committee) ...... 27

February 19,2013 Page 2 of4 3. Ordinances

*a. Ordinance 2012-19-44: Appropriating $ for the Bear Creek Fire Service Area, to Pay the Costs of Planning, Designing, Constructing, and Financing a Fire Station in Bear Creek Fire Service area with Funding Provided by Issuance of $ in Bear Creek Fire Service Area General Obligation Bonds (Mayor) (Hearing on 03/19/13) (Referred to Finance Committee) ...... 30

*b. Ordinance 2013-09: Amending KPB Title 16 to Clarify that Terms of Service for Service Area Boards with Elected Members Continue Until a Successor is Elected or Appointed (Mayor) (Hearing on 03/19/13) (Referred to Policies and Procedures Committee) ...... 33

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

Q. ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS

1. February 21, 2013 Anadromous Fish Habitat Protection (AFHP) Task Force Meeting 7:00PM Soldotna

2. March 19, 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 2013-05: Amending KPB 22.40.030 Governing Assembly Meeting Procedures Authority (Murphy at the request of the Borough Clerk) (Hearing on 03/19/13) (Referred to Policies and Procedures Committee)

2. Ordinance 2013-06: Amending KPB 5.28.270 and KPB 5.28.280 to Increase the Dollar Amount of Items that can be Procured through Informal Purchasing Procedures and by Sole Source Without Prior Assembly Approval (Smith) (Hearing on 03/19/13) (Referred to Policies and Procedures Committee)

3. Ordinance 2013-07: Amending KPB 5.18.100(A) to Repeal the 60 Percent Voter Approval Requirement to Increase the Sales Tax Maximum Rate (Mayor) (Hearing on 03/19/13) (Referred to Policies and Procedures Committee)

February 19,2013 Page 3 of4 4. Ordinance 2013-08: Amending KPB 21.18.030, Planning Department's Reporting on the Benefits and Effectiveness ofKPB Chapter 21.18 (Wolf) (Hearing on 03/19/13) (Referred to Lands Committee)

T. INFORMATIONAL MATERIALS AND REPORTS

U. NOTICE OF NEXT MEETING AND ADJOURNMENT

The next meeting of the Kenai Peninsula Borough Assembly will be held on March 19, 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), KBBI-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 iriformation, 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.

February 19,2013 Page 4 of4 Kenai Peninsula Borough Assembly Meeting Minutes

February 5, 2013 Regular Meeting - Soldotna, Alaska

CALL TO ORDER

A Regular Meeting ofthe Kenai Peninsula Borough Assembly was held on February 5, 2013, in the Borough Assembly Chambers, Soldotna, Alaska. President Murphy called the meeting to order at 7:00p.m.

PLEDGE OF ALLEGIANCE AND INVOCATION

The Pledge of Allegiance was recited followed by the invocation given by Chaplain Keith Randal from the Kenai Peninsula Chaplains Association.

There were present:

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

comprising a quorum of the assembly.

Absent:

Hal Smalley

Also in attendance were:

Colette Thompson, Borough Attorney Johni Blankenship, Borough Clerk Shellie Saner, Deputy Clerk

COMMITTEE REPORTS (07:02:54) Assembly Member Pierce said the Finance Committee met and discussed its agenda items.

Assembly Member Tauriainen said the Lands Committee met and discussed its agenda items.

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

Assembly Member Wolf said the Legislative Committee met and discussed its agenda items.

Assembly Meeting Minutes Kenai Peninsula Borough Vol. 47, Page 746 February 5, 2013 1 MOTION: Wolf moved to authorize, Assembly Member Hal Smalley (NACo Representative), Assembly President, Linda Murphy (NACo Public Lands Steering Committee Member) to attend the National Association of Counties Western Interstate Region Conference m Flagstaff, Arizona May 22-24, 2013.

MOTION PASSED: Without objection.

APPROVAL OF THE AGENDA AND CONSENT AGENDA (07:13:52) MOTION TO APPROVE AGENDA: Pierce moved for the approval of the agenda and consent agenda.

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

The following item was removed from the consent agenda:

• Ordinance 2013-08: Amending KPB 21.18.030, Planning Department's Reporting on the Benefits and Effectiveness ofKPB Chapter 21.18 (Wolf) (Hearing on 03/19/13) (Referred to Lands Committee)

The following item was added to the consent agenda:

• Resolution 2013-014: Requesting the State of Alaska Administration and Alaska State Legislature Fully Consider the Benefits to the Residents and Businesses of the Kenai Peninsula Borough when Considering the Expansion ofMedicaid Under the Affordable Care Act (Smith, Mayor) (Referred to Legislative Committee)

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

• January 22, 2013 Regular Assembly Meeting Minutes

• Resolution 2013-009: Designating the Newspaper and Authorizing Award of a Contract for the Publication of the 2013 Foreclosure List, and the Delinquent Leasehold, Mobile Homes, Personal and Other Tax Lists for the Tax Year 2012 (Mayor) (Referred to Finance Committee)

• Resolution 2013-010: Requesting Governor Parnell and the Alaska Department of Transportation and Public Facilities to Limit Right-of-Way Clearing (Johnson, Mayor) (Referred to Legislative Committee)

[Clerk's Note: Resolution 2013-010 was amended as follows: Insert a new second whereas to read, "i[not re-cut on an annual or biannual schedule the new regrowth will produce

Kenai Peninsula Borough Assembly Meeting Minutes February 5, 2013 Vol. 47, Page 747 2 prime moose browse. drawing more moose to the road svstem; and", insert a new third whereas to read, "the Department o[Transportation and Public Facilities has not been:able to cut the existing highway clearings on an annual or biannual schedule; and", amend the fourth whereas to read, "residents have complained that the clearing is for the complete width ofthe right-of-way, while clearing {ONLY} up to 75 feetfrom the center line on each side ofthe highway would be more efficient; and", amend the fifth whereas to read, "trees in the edge ofright-of-way provide wind. noise and sight buffers for property owners; and", section 1 to read, "The KPB Assembly respectfully requests Governor Parnell and the Alaska Department of Transportation and Public Facilities to limit future right-of-way clearing along the Sterling Highway and Kalifornsky Beach Road to 75 feetfrom the center line,"}

• Resolution 2013-011: Supporting the Transportation Priorities Undertaken by Central Area Rural Transit System, Inc. to be Submitted to the State of Alaska Department of Transportation and Public Facilities (Mayor) (Referred to Legislative Committee)

• Resolution 2013-012: Transferring Funds in the Amount of$28,672 from the CES Station 1 Roof Repair Capital Project to the CES Sterling Station Boiler Replacement Project (Mayor) (Referred to Finance Committee)

• Resolution 2013-013: Urging the North Pacific Fishery Management Council to Adopt Measures that Reduce the Chinook Salmon Bycatch in the Gulf of Alaska and Bering Sea Trawl Fisheries (Haggerty, Johnson, Mayor) (Referred to Legislative Committee)

• Resolution 2013-014: Requesting the State of Alaska Administration and Alaska State Legislature Fully Consider the Benefits to the Residents and Businesses of the Kenai Peninsula Borough when Considering the Expansion ofMedicaid Under the Affordable Care Act (Smith, Mayor) (Referred to Legislative Committee)

• Ordinance 2013-05: Amending KPB 22.40.030 Governing Assembly Meeting Procedures Authority (Murphy at the request of the Borough Clerk) (Hearing on 03/19/13) (Referred to Policies and Procedures Committee)

• Ordinance 2013-06: Amending KPB 5.28.270 and KPB 5.28.280 to Increase the Dollar Amount ofltems that can be Procured through Informal Purchasing Procedures and by Sole Source Without Prior Assembly Approval (Smith) (Hearing on 03/19/13) (Referred to Policies and Procedures Committee)

• Ordinance 2013-07: Amending KPB 5.18.100(A) to Repeal the 60 Percent Voter Approval Requirement to Increase the Sales Tax Maximum Rate (Mayor) (Hearing on 03/19/13) (Referred to Policies and Procedures Committee)

• Petition to Vacate the 10-Foot Pedestrian Walkway Adjacent to Lots 3 and 4 Block 3 Dedicated by Moose Range Meadows Phase 1 (Plat KN 84-16); all within Section 2, Township 4 North, Range 10 West, Seward Meridian, Alaska and within the Kenai Peninsula Borough; KPB File 2013-002; Location on Keystone Drive, Soldotna Area (Referred to

Assembly Meeting Minutes Kenai Peninsula Borough Vol. 47, Page 748 February 5, 2013 3 Lands Committee)

[Clerk's Note: The Planning Commission granted conditional approval ofthe vacation by unanimous consent at its regularly scheduled meeting ofJanuary 7, 2013.]

• Confirmation of a New Director, Patrick Malone, Road Service Area (Mayor) (Referred to Policies and Procedures)

President Murphy called for public comment.

The following people spoke in support of Resolution 2013-010:

David Martin, Clam Gulch John McCombs, Ninilchik Ted Spraker, Soldotna Roland Maw, Kasilof

The following person spoke in opposition to Resolution 2013-010:

George Pierce, Kasilof

There being no one else who wished to speak, the public comment period was closed.

AGENDA APPROVED AS AMENDED: Without objection.

COMMENDING RESOLUTIONS AND PROCLAMATIONS- None.

PRESENTATIONS WITH PRIOR NOTICE- None.

PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (07:32:28) President Murphy called for public comment.

George Pierce, Kasilof, spoke in opposition to the enactment of Ordinance 2011-12.

The following people addressed the Assembly regarding the Alaska Board of Fisheries and the fishing industry within the Kenai Peninsula Borough:

John McCombs, Ninilchik David Martin, Clam Gulch

Mike Petrovich, Business Representative for General Teamsters Local959, addressed the Assembly regarding allegations made against a local bus driver.

There being no one else who wished to speak, the public comment period was closed.

Kenai Peninsula Borough Assembly Meeting Minutes February 5, 2013 Vol. 47, Page 749 4 MAYOR'S REPORT (07:40:33) 1. Assembly Requests/Responses- None.

2. Agreements and Contracts

a. Authorization to Award Contract for Old Mill Subdivision Debris Removal

b. Authorization to Award Contract for Soldotna Elementary School and Sears Kaleidoscope Elementary School Re-RoofProfessional Design Services

c. Authorization to Award Contract for the Purchase of a 1,000 Gallon Triple Combination Pumper

3. Other

a. FY13- Second Quarter Non-Departmental Grant Reports

b. FY13 - Second Quarter Grant Narrative Reports

[Clerk's Note: Mayor Navarre gave a brief report regarding the Municipal Entitlement Project, and said he would be traveling to Juneau next week to meet with the Kenai Peninsula Borough Legislative Delegation and attending the Alaska Municipal Leagues, Coriference ofMayors.]

ITEMS NOT COMPLETED FROM PRIOR AGENDA- None.

PUBLIC HEARING ON ORDINANCES (07:42:29) Ordinance 2012-19-42: Authorizing the Appropriation of $3,317,585 for Professional Design Services for the Central Peninsula Hospital Medical Office Building Project (Mayor) (Referred to Finance Committee)

MOTION: Pierce moved to enact Ordinance 2012-19-4 2.

President Murphy called for public comment.

The following person spoke in support of Ordinance 2012-19-42:

Rick Davis, Chief Executive Officer, Central Peninsula Hospital

There being no one else who wished to speak, the public comment period was closed.

MOTION: Pierce moved to amend Ordinance 20 12-19- 42 as follows:

Assembly Meeting Minutes Kenai Peninsula Borough Vol. 47, Page 750 February 5, 2013 5 The fourteenth whereas to read, "the Central Kenai Peninsula Hospital Service Area Board, at its January 17, 20 13, meeting recommended approval without objection:"

MOTION TO AMEND PASSED: Without objection.

VOTE ON MOTION TO ENACT AS AMENDED: Yes: Haggerty, Johnson, McClure, Pierce, Smith, Tauriainen, Wolf, Murphy No: None Absent: Smalley MOTION TO ENACT PASSED: 8 Yes, 0 No, 1 Absent (07:57:42) Ordinance 2012-19-43: Appropriating Supplemental Funds of$40,000 from the Risk Management Fund to Update the Borough's Spill Prevention Control and Countermeasure Plans (Mayor) (Referred to Finance Committee)

MOTION: Pierce moved to enact Ordinance 2012-19-4 3.

President Murphy called for public comment with none being offered.

VOTE ON MOTION TO ENACT: Yes: Haggerty, Johnson, McClure, Pierce, Smith, Tauriainen, Wolf, Murphy No: None Absent: Smalley MOTION TO ENACT PASSED: 8 Yes, 0 No, 1 Absent (07:58:54) Ordinance 2013-01: Amending KPB 22.40.010 Changing the Time the Assembly Holds Regular Meetings (Pierce, Smith) (Referred to Policies and Procedures Committee)

MOTION: Haggerty moved to enact Ordinance 2013-0 1.

President Murphy called for public comment with none being offered.

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

Kenai Peninsula Borough Assembly Meeting Minutes February 5, 2013 Vol. 47, Page 751 6 (08:00:39) Ordinance 2013-02: Amending KPB 5.10.040 to Allow the Borough to Loan Funds to the Cities of Homer and Kachemak City for Construction Costs Related to Specific Utility Special Assessment Districts (Mayor, Smith) (Referred to Finance Committee)

[Clerk's Note: Assembly Member Pierce declared a conflict with Ordinance 2013-02 as he was an Enstar Natural Gas Manager, President Murphy ruled a conflict did exist and Assembly Member Pierce abstained from discussion and voting on Ordinance 2013-02.]

MOTION: Smith moved to enact Ordinance 2013-02.

President Murphy called for public comment with none being offered.

MOTION: Smith moved to amend Ordinance 2013-02 as follows:

Section 1, paragraph A ( 14) to read, "One loan of up to $12,700,000 to the City ofHomer for the construction of a natural gas utility special assessment district. Interest rate shall be [4.5 PERCENT PER YEAR] at a rate to be negotiated, to accrue beginning on the date of each disbursement to the City of Homer."

MOTION TO AMEND PASSED: Without objection.

MOTION: Smith moved to amend Ordinance 2013-02 as follows:

Section 1, paragraph A ( 15) to read, "One loan of up to $300,000 to Kachemak City for the construction of a natural gas utility special assessment district. Interest rate shall be [4.5 PERCENT PER YEAR] at a rate to be negotiated, to accrue beginning on the date of each disbursement to the City ofKachemak."

MOTION TO AMEND PASSED: Without objection.

MOTION: Smith moved to amend Ordinance 2013-02 as follows:

The sixth whereas to read, "the estimated amount needed by Kachemak City is

Assembly Meeting Minutes Kenai Peninsula Borough Vol. 47, Page 752 February 5, 2013 7 $[300,000] 600.000; and"

Section 1, paragraph A (15) to read, "One load of up to $[300,000] 600,000 to Kachemak City for the construction of a natural gas utility special assessment district. Interest rate shall be at a rate to be negotiated, to accrue beginning on the date of each disbursement to the City ofKachemak."

MOTION TO AMEND PASSED: Without objection.

VOTE ON MOTION TO ENACT AS AMENDED: Yes: Haggerty, Johnson, McClure, Smith, Tauriainen, Murphy No: Wolf Absent: Smalley Abstention: Pierce MOTION TO ENACT AS AMENDED PASSED: 6 Yes, 1 No, 1 Absent, 1 Abstention

UNFINISHED BUSINESS -None.

NEW BUSINESS -None. (08:08:45) Ordinance 2013-08: Amending KPB 21.18.030, Planning Department's Reporting on the Benefits and Effectiveness of KPB Chapter 21.18 (Wolf) (Hearing on 03/19/13) (Referred to Lands Committee)

MOTION: Wolf moved to introduce Ordinance 2013-08 and set for public hearing on March 19,2013.

Assembly Member Haggerty spoke in opposition to the introduction of Ordinance 2013-08.

Assembly Members Wolf, Tauriainen, Johnson, Pierce and McClure spoke in support to the introduction of Ordinance 2013-08.

VOTE ON MOTION TO INTRODUCE AND SET FOR PUBLIC HEARING: Yes: Johnson, McClure, Pierce, Smith, Tauriainen, Wolf, Murphy No: Haggert Absent: Smalley MOTION TO INTRODUCE AND SET FOR PUBLIC HEARING PAS SED: 7 Yes, 1 No, 1 Absent

Kenai Peninsula Borough Assembly Meeting Minutes February 5, 2013 Vol. 47, Page 753 8 PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (08:16:46) President Murphy called for public comment.

Tim Colbath, Nikiski, addressed the Assembly regarding the PETS working group findings.

George Pierce, Kasilof, addressed the Assembly regarding the Anadromous Fish Habitat Protection Task Force.

There being no one else who wished to speak, the public comment period was closed.

ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS (08:20:23) The next meeting of the Kenai Peninsula Borough Assembly was scheduled for February 19, 2013, at 6:00p.m. in the Borough Assembly Chambers, Soldotna, Alaska.

The next meeting ofthe Anadromous Fish Habitat Protection TaskForce was scheduled for February 21, 2013 at 7:00p.m. in the Borough Assembly Chambers, Soldotna, Alaska.

ASSEMBLY COMMENTS (08:20:44) Assembly Member Johnson said he felt it was a good idea to make it possible for the borough to loan funds to the cities of Kachemak and Homer for their gas line projects.

Assembly Member McClure said that with the number of moose on the road she was happy that the meetings would be starting at 6:00p.m. She said the National Ocean Science Bowl would be held February 8- 10, 2013 at Seward High School, and she would be a moderator and had named her team the, "Anadromous Crew." She said the enactment of Ordinance 2013-02 did not finalize the loans, and the loans would be before the Assembly for final approval.

Assembly Member Haggerty encouraged everyone to support their local fire services, he noted that the Kachemak Emergency Service Area calendar was very nice.

Assembly Member Smith said Coach Steve Wolf from the Homer area, who had written a few books and coached wrestling at the high school for many years, was recently named to the National Wrestling Hall ofFame. He noted that Representative Paul Seaton would be traveling to California 1 to celebrate his father's 104 h birthday, and encouraged everyone to come to Homer for the Homer Winter Carnival.

Assembly Member Tauriainen stated that he was also thankful for the meeting time changing to 6:00 p.m. He thanked Assembly Member Johnson and Mayor Navarre for bringing forward Resolution 2013-010 and hoped that the input from the public would cause the Department of Transportation to stop what they were doing.

Assembly Member Wolf said that watching his son graduate from basic training along with 623 other young men and women was an awesome opportunity, and noted that there were four men and women from this area who had been through Lackland Air Force Base in the last year.

Assembly Meeting Minutes Kenai Peninsula Borough Vol. 47, Page 754 February 5, 2013 9 Assembly Member Pierce said it was tough to satisfy the needs of each individual; however, the public process in place was a working system and he did listened to everyone who commented to him and tried to balance all the comments. He stated that the Anadrornous Fish Habitat Protection Task Force was following the process and asked that everyone be respectful to that process. He stated that he was very proud of his sons and what they had accomplished during their military service.

President Murphy encouraged the signatures gathered in opposition to KPB 21.18 be turned into the Clerk's Office so that the Assembly could be provided with a copy. She said she was in Horner for the EDD, Industry Outlook Forum and had an enjoyable stay, even though the weather conditions during the drive were interesting.

ADJOURNMENT

With no further business to come before the assembly, President Murphy adjourned the meeting at 8:35p.m.

I certify the above represents accurate minutes of the Kenai Peninsula Borough Assembly meeting ofFebruary 5, 2013.

Johni Blankenship, MMC, Borough Clerk

Approved by Assembly: ______

Kenai Peninsula Borough Assembly Meeting Minutes February 5, 2013 Vol. 47, Page 755 10 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 J r~~t.... FROM: Mike Navarre, Kenai Peninsula Borough Mayor ''/

DATE: February 19, 2013

Assembly Requests/ Response None

Agreements and Contracts a. Authorization to Award Contract for ITB13-025 C&D Cell Clearing and Grubbing FY13 to CIC Inc. b. Authorization to Award Contract for RFP13-008 Spill Prevention, Control and Countermeasure (SPCC) Plans Consultant to Shannon & Wilson Inc.

Other a. Investment Portfolio Report

11 ''·'··1 .. -·-

KENAI PENINSULA BOROUGH 144 North Binkley Street o Soldotna, Alaska 99669-7520 Toll free within the Borough (800) 498-4441 o Fax (907) 714-2373 www.borough.kenai.ak.us/purchasing

MIKE NAVARRE BOROUGH MAYOR MEMORANDUM

TO: Mike Navarre, Mayor '·"'~ THRU: Mark Fowler, Purchasing & Contracting Directo~

FROM: Jack Maryott, Solid Waste DirectofJ-rV/

DATE: January 28, 2013

SUBJECT: Authorization to Award Contract for ITB13-025 C&D Cell Clearing and Grubbing FY13.

The Purchasing and Contracting Office formally solicited and received bids for ITB13-025 C&D Cell Clearing and Grubbing. Bid packets were released on January 10, 2013 and the Invitation to Bid was advertised in the Peninsula Clarion on January 10, 2013.

The project consists of clearing and grubbing approximately 3.27 acres. The Contractor will have to cut all trees 6 inches in diameter and greater, remove stumps and brush, and place all grubbing material in the designated stockpile area.

On the due date of January 23, 2013 Fourteen (14) bids were received. The low bid of $20,000.00 was submitted by CIC Inc., Soldotna Alaska.

Your approval for this bid award is hereby requested. Funding for this project is in account number 290.32122.43011.

FINANCE DEPARTMENT FUNDS VERIFIED

Acct. No. 290.32122.43011

Amount $20,000.00

Date: l/a8/IJ

12 KENAI PENINSULA BOROUGH PURCHASING & CONTRACTING

BID TAB FOR: ITB13-025 C&D Cell Clearing & Grubbing Project FY13

CONTRACTOR BASE BID I Great Northern Construction $46,560.00 Property Improvements $27,795.00 Tutka $40,000.00 Peninsula Construction $47,640.00 JC Johnson & Son $24,435.00 Territory North Constructors $56,600.00 D&L Construction $69,669.00 KEE Construction $55,000.00 13 Foster Construction $24,775.00 RSP Inc (S&R Enterprises) $42,500.00 G&H Construction $38,900.00 North Star Paving & Construction $38,000.00 Fowler's Dirt Works $34,600.00 CIC Inc. $20,000.00

DUE DATE: January 23, 2013 @ 2:00 PM l #// " /''/" ../' ;;'L~

KPB OFFICIAL·/.~;:::;-~ --.~.d~Y/:-pf'/.7./~"-;::7--4 ~,.,.. .• / ,· __ ,:/'/~ .( _,?· "1irk ~Fow~(Purchasing & Contracting Director KENAI PENINSULA BOROUGH Purchasing & Contracting 144 North Binkley Street • Soldotna, Alaska 99669~7520 ~ Phone (907} 714-2260 • Fax (907) 714~2373 "\';.) www.borough.kenai.ak.us/purchasing MIKE NAVARRE BOROUGH MAYOR MEMORANDUM

TO: Mike Navarre, Mayor

THRU: Mark Fowler, Purchasing & Contracting Directo;~ THRU: Julie Cisco, Risk Manage~

FROM: Marie Clore, Environmental Compliance Manag(){> J ~ ~

DATE: February 6, 2013 ~

SUBJECT: Authorization to Award Contract for RFP13-008 Spill Prevention, Control and Countermeasure (SPCC) Plans Consultant

The Purchasing and Contracting Office formally solicited and received proposals for the Spill Prevention, Control and Countermeasure (SPCC) Plans Consultant. Proposal packets were released and the Request for Proposal was advertised in the Peninsula Clarion on November 26, 2012.

The project consists of the review, evaluation and amendment (as needed) to the spill prevention, control and countermeasure (SPCC) plans for 16 KPB facilities.

On the due date of December 11, 2012 seven (7) proposals were received and ranked by a review committee as follows:

FIRM TOTAL SCORE Shannon & Wilson, Inc. 353 SGM, Inc. 334 Restoration Science & Engineering, Inc. 333 Tauriainen Engineering & Testing 328 BGES, Inc. 307 LaMay Engineering & Consulting, Inc. 279 Tutka Government Services, LLC 246

The highest ranking proposal, which includes a cost factor, was submitted by Shannon & Wilson, Inc. with a lump sum cost proposal of $60,000.00. The proposal review committee recommends award of a contract to Shannon & Wilson Inc. Your approval for this award is hereby requested.

Fu~d~ng !orthis pr?j~t is in account number 700. 11234.00000.43011. . r )'~__) r h 1/?11'/1~ 2-/7!1-ol3 Mike Navarre, May r Date .------~ FINANCE DEPARTMENT FUNDS VERIFIED Acct. No. 700.11234.00000.43011 Amount $60,000.00 By: ----r-~~~~-- Date: d-.(to {13 14 ~-,...-·"""' ...... : S ~1 KENAI PENINSULA BOROUGH- FINANCE DEPARTMENT

'·~'TO: Linda Murphy, President Kenai Peninsula Borough Assembly Members THRU: Mike Navarre, Mayor r'l)} FROM: Craig C. Chapman, Finance Director

DATE: 21612013 SUBJECT: Investment Portfolio Report

Attached is a report on the Borough's investment portfolio as of December 31, 2012. The report shows the type of securities owned, percentage of each type, maturity of the securities, and average yield.

Investment Portfolio Securities Agencies $ 48,978,395 29.17% Corporate Bonds 37,531,251 22.36% Municipal Bonds 24,788,924 14.77% U.S. Treasury 15,011,151 8.94% Total Securities 126,309,720 75.24%

Cash and Cash Equivalents Repurchase Account 23,607,980 14.06% Money Market Sweep 10,672,771 6.36% AM LIP 124,277 0.07% 2010 Solid Waste Bonds 836,839 0.50% 2011 School Bonds 5,354,074 3.19% Total Cash and Cash Equivalents 40,595,940 24.18% Portfolio USAD's I RIAD's Yield K-Beach Subdivision 6,687 0.0040% 6.25% lnglebrook 0 0.0000% 7.00% Tote Road and Echo Lake Road 1,011 0.0006% 6.25% Char Subdivision 5,755 0.0034% 6.75% Tustamena Subdivision 20,404 0.0122% 7.75% Westbrook Subdivision 16,064 0.0096% 9.25% Pollard Loop 19,716 0.0117% 9.25% Scooter Landing 10,297 0.0061% 9.25% Moose Range Subdivision 10,133 0.0060% 10.25% Chinula Drive 21,774 0.0130% 7.00% Moose Range Meadows South 146,037 0.0870% 5.25% Cardwell Subdivision 18,017 0.0107% 5.25% Ashton Park!Burmlow Park 71,250 0.0424% 5.25% Poppy Ridge Subdivision 104,881 0.0625% 5.25% Anchor Point 527,572 0.3142% 5.25% Total USAD's I RIAD's 979,598 0.58% 5.60% Total Investment Portfolio $ 167,885,259 100.00%

Maturity Less than one year 61,096,752 36.39% 0.30% One to five years 105,808,909 63.02% 1.18% USAD's 979,598 0.58% 5.60% TOTAL $ 167,885,259 100.00% 0.887%

15 INVESTMENT PORTFOLIO December 31, 2012

Par Value Purchase Price Fair Value 12/31 /12

Investments by Borough Finance Director CORPORATE - less than 1 year 0.00 0.00 0.00 AGENCY- less than 1 year 12,000,000.00 12,068,533.60 12,034,970.00 AGENCY- 1 to 5 years 3,500,000.00 3,556,315.76 3,545,140.00 US TREASURY- less than 1 year 2,000,000.00 1,998,880.49 1,999,460.00 US TREASURY- 1 to 5 years 0.00 0.00 0.00 Total Investment by Borough Finance Director: 17,500,000.00 17,623,729.850 17,579,570.00

Investment with External manager: CORPORATE -less than 1 year 5,090,000.00 5,469,027.900 5,185,844.60 CORPORATE- 1 to 5 years 31 ,365 ,000.00 32 ,062,222.950 32,333,955.55 MUNICIPAL- less than 1 year 525,000.00 525,000.000 525,000.00 MUNICIPAL- 1 to 5 years 23,395,000.00 24 ,263,923.650 24,198,221.85 AGENCY - less than 1 year 425,346.52 439,369.690 430,522.99 AGENCY - 1 to 5 years 32,352,140.34 32,914,176.170 33,299,715.59 US TREASURY- less than 1 year 0.00 0.000 0.00 US TREASURY- 1 to 5 years 13,000,000.00 13,012,270.090 13,095,830.00 MONEY MARKET less than 1 year 1,663,571.83 1 ,663,571.830 1,663,571.83 Total Investment with External manager: 107,816,058.69 110,349,562.280 110,732,662.41

TOTAL SECURITY INVESTMENTS & MM EXTERNAL MGR 125,316,058.69 127,973,292.13 128,312,232.41

Investment Portfolio - Purchase Price $ 127,973,292.13 Portfolio Yield for FY2012 & FY2013 Investment Portfolio- Fair Value 12/31/12 128,312,232.41 Dec-12 I 0.887% Fair Value Adjustment -12/31/12 338,940.28

Fair Value Adjustment - 6/30/12 479,774.68 Sep-12 I 0.888% Change in Fair Value FY2013 $ (140,834.40) .... Q> t: "' 0" Investment Portfolio- Type of Security AM LIP Jun-12 1.016%

Mar-12 11.059% Repurchase Account 14.03%

Custodian Sweep Acct. Dec-11 J 1.033% 6.34% 0.0% 0.5% 1.0% 1.5% 2.0% 29.31% Yield

KPB Portfolio By Maturity FY2011 & FY2012 Portfolio Fair Market Value 180 r------~ $120 160 140 $100 120

100 $80 80 $60 60 40 $40 20

$20 Dec-11 Mar-12 Jun-12 Sep-12 Dec-12 • 2011 School Bonds IJ2010 Solid Waste Bonds $0 • 2009 Road Construction • Investment with external Manager D0-365 days 111-5 years IJGeneral 16 Introduced by: Mayor Date: 01/22/13 Hearing: 02/19/13 Action: Vote:

KENAI PENINSULA BOROUGH ORDINANCE 2013-04

AN ORDINANCE AMENDING KPB 3.04.115 TO REPEAL THE REQUIREMENT THAT THE ASSEMBLY APPROVE ADMINISTRATIVE POSITION JOB DESCRIPTIONS

1 WHEREAS, the assembly has historically approved all positions in the administrative service, 2 which includes full-time paid staff who are the heads of departments, 3 administrative assistants to the mayor, and certain positions which are 4 administrative, professional, sensitive or confidential in nature and having been 5 classified "administrative" by assembly resolution; and

6 WHEREAS, on May 19, 2009, the assembly enacted Ordinance 2009-24 requiring that all 7 minimum qualifications and almost all job descriptions for administrative 8 positions be approved by the assembly; and

9 WHEREAS, job descriptions provide administrative details regarding qualifications, duties, 10 and pay ranges all of which are used to create and maintain positions to 11 implement policies and projects approved and funded by the assembly; and

12 WHEREAS, drafting job descriptions requires professional expertise regarding the description 13 of duties, qualifications in comparison with borough needs, consistency with other 14 similar positions, and for compliance with applicable legal requirements; and

15 WHEREAS, since the assembly approval requirement was enacted in 2009 the administration 16 has presented 15 resolutions to the assembly seeking approval of six new and 94 17 amended job descriptions, of which one new description was defeated; and

Kenai Peninsula Borough, Alaska New Text Underlined; (DELETED TEXT BRACKETED] Ordinance 2013-04 Page 1 of3 17 1 WHEREAS, the assembly approval requirement for all administrative position job descriptions 2 has resulted in delays in advertising, hiring, and making needed changes to 3 existing position requirements; and

4 WHEREAS, deleting the requirement that the assembly approve all job descriptions would 5 enable the administration to deal with such administrative issues more efficiently, 6 and would accordingly serve the best interests of the Borough;

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

9 SECTION 1. That KPB 3.04.115 is hereby amended as follows:

10 3.04.115. Administrative positions of employment-Job descriptions[ AND

11 ADVERTISING).

12 [A.] The assembly shall authorize, either through the borough's approved 13 annual budget, or by resolution, all positions of employment in the administrative 14 service. The mayor or any administrative officer designated by the mayor shall 15 make each appointment in the administrative service from among the top 16 candidates who have qualified for that appointment and who have met minimum 17 qualifications. A list of all approved administrative positions shall be maintained 18 in the borough office of human resources including the job description for each

19 such position. [PRIOR TO INCLUSION IN THAT LIST, THE BOROUGH ASSEMBLY SHALL

20 FIRST APPROVE BY RESOLUTION THE MINIMUM QUALIFICATIONS FOR EACH SUCH

21 POSITION. THIS REQUIREMENT DOES NOT APPLY TO THE CHIEF OF STAFF AND THE

22 SPECIAL ASSISTANT TO THE MAYOR.]

23 [B. THE JOB DESCRIPTIONS AND THE QUALIFICATIONS FOR ALL ADMINISTRATIVE

24 POSITIONS MUST BE APPROVED BY THE ASSEMBLY BY RESOLUTION.]

Ordinance 2013-04 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 2 of3 18 1 SECTION 2. That this ordinance takes effect immediately upon its enactment.

2 ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS * 3 DAY OF* 2013.

Linda Murphy, Assembly President ATTEST:

Johni Blankenship, MMC, Borough Clerk

Yes:

No:

Absent:

Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2013-04 Page 3 of3 19 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\} . (~kA' FROM: Stormy Brown, Human Resources Director(Jj

DATE: January 10, 2013

SUBJECT: Ordinance 2013-0L\-; amending KPB 3.04.115 to repeal the requirement that the assembly approve administrative position job descriptions

In 2009, the assembly amended the borough code to require that all job descriptions for administrative positions be approved by the assembly. Historically the assembly's involvement in employment positions has been to approve only the positions and decide whether to fund them rather than approve the job descriptions. This new requirement has resulted in a number of delays in administering the human resources of the borough.

Job descriptions require a certain amount of expertise to prepare. It is important that the descriptions accurately reflect minimum requirements and essential functions of each job in order to properly guide not only the employee performing the position but also borough management. Job descriptions play an integral role in establishing salaries, determining whether a position is exempt from the Fair Labor Standard Act, ensuring compliance with other federal and state laws, defending many legal claims such as wrongful termination or discrimination claims, effective recruiting, and other purposes.

Additionally, since the inception of this requirement in 2009, the assembly has considered 15 resolutions seeking approval of6 new and 94 amended job descriptions. A number of the amended job descriptions were different amendments to the same positions. Of those 100 requests, the assembly disapproved one which sought a new position. As the assembly must always approve a new position, it would have been able to disapprove this position without the requirement that job descriptions be approved.

Your support of this ordinance would be appreciated.

20 Introduced by: Mayor Date: 02/19/13 Action: Vote:

KENAI PENINSULA BOROUGH RESOLUTION 2013-015

A RESOLUTION AUTHORIZING A WARD OF A CONTRACT FOR EXTERNAL AUDIT SERVICES FOR THE FISCAL YEARS 2013 THROUGH 2015

1 WHEREAS, a request for proposal (RFP) for audit services was issued by the Kenai Peninsula

2 Borough on November 26, 2012; and

3 WHEREAS, two proposals were received and were independently evaluated by a seven-member 4 committee consisting of six administrative personnel and one assembly member; and

5 WHEREAS, the proposal submitted by Mikunda, Cottrell & Company received the highest total 6 score by the evaluating committee; and

7 WHEREAS, funds are available in accounts 100.11110.00000.43012,241.94910.00000.43012,

8 600.81110.00000.43012, and 601.81210.00000.43012;

9 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI 10 PENINSULA BOROUGH:

11 SECTION 1. That the proposal submitted by Mikunda Cottrell & Company is accepted.

12 SECTION 2. The mayor is authorized to award a contract for external audit services with 13 Mikunda, Cottrell & Company for a three-year base period beginning with fiscal year 14 2013 and including an option to extend for two years.

Kenai Peninsula Borough, Alaska Resolution 2013-015 Page 1 of2

21 1 SECTION 3. That FY13 audit expenditures for these services will be charged as follows: 2 100.11110.00000.43012 $89,500 3 241.94910.00000.43012 $58,250 4 600.81110.00000.43012 $45,500 5 601.81210.00000.43012 $40,500

6 SECTION 4. That this resolution takes effect immediately upon its adoption.

7 ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 19TH 8 DAY OF FEBRUARY, 2013.

Linda Murphy, Assembly President ATTEST:

Johni Blankenship, MMC, Borough Clerk

Yes:

No:

Absent:

Resolution 2013-015 · Kenai Peninsula Borough, Alaska Page 2 of2

22 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 rfl!) _,,..}/ Mark Fowler, Purchasing and Contracting Director ~'f

FROM: Craig Chapman, DirectorofFinance {!,_~~

DATE: February 7, 2013

SUBJECT: Resolution 2013- Ol~ authorizing award of contract for external audit services

On November 26, 2012, the Kenai Peninsula Borough solicited proposals for External Audit Services. The Request for Proposal (RFP) was advertised in the Peninsula Clarion and the Anchorage Daily News and two proposals were received on the due date of January 10, 2013.

A team of administrative personnel representing the four audit areas (Borough, School District, South Peninsula Hospital, and Central Peninsula Hospital), as well as one assembly member, evaluated the proposals. Both firms submitting proposals were deemed to meet the minimum qualifications to do the work requested in the RFP. The final ranking is as follows:

FIRMS TOTAL SCORE

Mikunda, Cottrell & Company 624 Altman, Rogers & Company 510

As specified in the RFP the qualified firm with the highest-ranking proposal will be recommended for selection. Therefore, the attached resolution authorizes the Mayor to award the three-year contract to Mikunda, Cottrell & Company with the option to extend for two additional years.

FINANCE DEPARTMENT Pod:luf\ of ~un~~N~i\Y.r:J~!r~fWf\ A.1.S4'.Ytlhi!J4 '!f~lli"..kl J. ·t .J or4 F·'fh ot' ~ Account No. 100.11110.43012 $89,500 241.94910.43012 $58,250 600.81110.43012 $45,500 601.81210.43012 $40,500

By: ---fP=L.=--- Date: d..{l..tJ ll \'.!

23 Introduced by: Mayor Date: 02/19/13 Action: Vote:

KENAI PENINSULA BOROUGH RESOLUTION 2013-016

A RESOLUTION DECLARING THE OFFICIAL INTENT TO ISSUE REVENUE BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $37,000,000 TO PAY THE COSTS TO DESIGN, CONSTRUCT, AND EQUIP AN EXTENSION TO THE BOROUGH'S CENTRAL PENINSULA HOSPITAL FOR HOSPITAL AND MEDICAL CLINIC PURPOSES

1 WHEREAS, the Kenai Peninsula Borough (the "Borough") owns the Central Peninsula 2 Hospital that is operated by Central Peninsula General Hospital, Inc. ("CPGHI") 3 for the benefit of all residents in the Central Kenai Peninsula Hospital Service 4 Auea;and

5 WHEREAS, the Borough and CPGHI are working together to expand the hospital at 250 6 Hospital Place in Soldotna, Alaska to add approximately 72,760 square feet to the 7 existing structure, to be used for a combination of hospital and private clinic 8 purposes (the "Project"); and

9 WHEREAS, the Borough intends to issue taxable and tax-exempt bonds to finance the Project;

10 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI 11 PENINSULA BOROUGH:

12 SECTION 1. Official Intent. This resolution is adopted to satisfy the "official intent" 13 requirements of Section 1.150-2 of the regulations adopted under the authority of 14 the Internal Revenue Code of 1986, as amended, (the "Code") with respect to the 15 Project, as described above. The Borough reasonably expects to issue up to 16 $37,000,000 principal amount of taxable, or a combination of taxable and tax­ 17 exempt, bonds in one or more series (the "Bonds") for costs of the Project. The 18 Borough intends to use all or a portion of the proceeds of the Bonds to finance

Kenai Peninsula Borough, Alaska Resolution 2013-016 Page 1 of2

24 1 costs of the Project, and certain other costs, which are eligible under the Code for 2 financing with proceeds of tax-exempt bonds. Such costs incurred up to 60 days 3 before the effective date of this resolution will be eligible for reimbursement with 4 proceeds of the Bonds. As of the date set forth below, the Borough reasonably 5 expects that it will issue the Bonds and use the proceeds of the Bonds as described 6 in this section.

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

8 ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 9 19TH DAY OF FEBRUARY, 2013.

Linda Murphy, Assembly President ATTEST:

Johni Blankenship, MMC, Borough Clerk

Yes:

No:

Absent:

Resolution 2013-016 Kenai Peninsula Borough, Alaska Page 2 of2

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

THRU: Mike Navarre, Mayor r'j FROM: Craig Chapman, Director of Finance {;C/L (II~ DATE: February 7, 2013 f

SUBJECT: Resolution 2013J)\~ declaring the official intent to issue revenue bonds in the aggregate principal amount of not to exceed $37,000,000 to pay the costs to design, construct, and equip an extension to the borough's Central Peninsula Hospital for hospital and medical clinic purposes

During its meeting of February 5, 2013, the assembly approved ordinance 2012-19-42 appropriating $3,317,585 for professional design services for the Central Peninsula Hospital medical official building project. If the borough proceeds with the project after the designs are completed it plans to issue bonds to fund it. In order for costs incurred prior to issuance of the bonds to be eligible for inclusion in the amounts funded by the bonds a resolution is needed to declare the official intent to issue the bonds. This resolution would satisfy that requirement and thereby enable such costs to be included in the financing costs for the project under the internal revenue code. Your favorable consideration of this resolution would be appreciated.

26 Introduced by: Mayor, Johnson Date: 02/19/13 Action: Vote:

KENAI PENINSULA BOROUGH RESOLUTION 2013-017

A RESOLUTION URGING THE ALASKA BOARD OF FISHERIES TO HOLD ITS 2014 MEETING CONCERNING UPPER COOK INLET FINFISH PROPOSALS WITHIN THE KENAI PENINSULA BOROUGH

1 WHEREAS, the Cook Inlet fishing industry is a significant and long standing component of the 2 economy for the Kenai Peninsula Borough; and

3 WHEREAS, regulations adopted by the Board of Fisheries during its regular meetings - as 4 opposed to its work sessions - have a substantial impact on Cook Inlet fisheries; 5 and

6 WHEREAS, the Upper Cook Inlet Board of Fisheries meeting in 2014 is part of regulatory 7 hearing cycles and is typically contentious with issues argued between the various 8 Cook Inlet user groups; and

9 WHEREAS, the Board of Fisheries has not met within the Kenai Peninsula Borough since 10 1999;and

11 WHEREAS the Board of Fisheries has instead met in Anchorage, accommodating interested 12 parties who reside in the Mat-Su Borough and the Municipality of Anchorage; 13 and

14 WHEREAS, the residents of the Kenai Peninsula Borough attending these meetings in 15 Anchorage incur significantly more costs in doing so than residents from areas of 16 closer proximity to the meetings - both in travel expense and in working time lost 17 for travel; and

Kenai Peninsula Borough, Alaska Resolution 2013-017 Page 1 of3 27 1 WHEREAS, given the major effect that the Upper Cook Inlet finfish fisheries have on the 2 Kenai Peninsula Borough's economy, it is essential that some Board of Fisheries 3 meetings be held within the Kenai Peninsula Borough; and

4 WHEREAS, this shift will provide borough residents the opportunity to be heard on issues 5 critical to their economic well-being without incurring substantial expense 6 attending the meetings in Anchorage and will enable the board to hear additional 7 and crucial testimony from Kenai Peninsula Borough residents; and

8 WHEREAS, a regular rotation of this important meeting between the Anchorage area and the 9 Kenai Peninsula Borough would help the board to receive testimony from a 10 balanced representation of residents of the three municipalities bordering the 11 Upper Cook Inlet Finfish Fisheries and serve the best interests of the state and its 12 residents;

13 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI 14 PENINSULA BOROUGH:

15 SECTION 1. That the Alaska Board of Fisheries is respectfully and strongly urged to schedule 16 its 2014 regular meeting addressing Upper Cook Inlet Finfish proposals in the 17 Kenai Peninsula Borough and to adopt a meeting schedule that includes a regular 18 rotation of such meetings be held in Anchorage and the Kenai Peninsula Borough 19 in the future.

20 SECTION 2. That copies of this resolution shall be sent to Governor Sean Parnell, Senators 21 Peter Micciche, , and Gary Stevens; Representatives Mike Chenault, 22 Kurt Olson, Paul Seaton, Alan Austerman, and Bryce Edgemon; Cora Campbell, 23 Commissioner ADF&G; and Karl Johnstone, Chairman, Alaska Board of 24 Fisheries.

25 SECTION 3. That this resolution takes effect immediately upon its adoption.

Resolution 2013-017 Kenai Peninsula Borough, Alaska Page 2 of3 28 1 ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 2 19TH DAY OF FEBRUARY, 2013.

Linda Murphy, Assembly President ATTEST:

Johni Blankenship, MMC, Borough Clerk

Yes:

No:

Absent:

Kenai Peninsula Borough, Alaska Resolution 2013-017 Page 3 of3 29 Introduced by: Mayor Date: 02119/13 Hearing: 03/19/13 Action: Vote:

KENAI PENINSULA BOROUGH ORDINANCE 2012-19-44

AN ORDINANCE APPROPRIATING$ FOR THE BEAR CREEK FIRE SERVICE AREA, TO PAY THE COSTS OF PLANNING, DESIGNING, CONSTRUCTING, AND FINANCING A FIRE STATION IN BEAR CREEK FIRE SERVICE AREA WITH FUNDING PROVIDED BY ISSUANCE OF$ IN BEAR CREEK FIRE SERVICE AREA GENERAL OBLIGATION BONDS

1 WHEREAS, a majority of Bear Creek Fire Service Area (BCFSA) voters voting in the October 2 2, 2007 election, approved Proposition No. 4 which authorized the issuance of 3 $1 ,400,000 in general obligation bonds to supplement grant fund for the 4 construction of a new fire and emergency services facility in the Service Area; 5 and

6 WHEREAS, the borough assembly adopted Resolution 2012-091 on December 4, 2012, which 7 authorized the issuance of $1 ,400,000 in bonds; and

8 WHEREAS, the bonds were sold on March 12, 2013;

9 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI 10 PENINSULA BOROUGH:

11 SECTION 1. That bond proceeds of$_____ are appropriated to the BCFSA Capital 12 Project Fund, account number 442.51210.13566.49999, for costs associated with 13 the construction of a new fire and emergency services facility.

14 SECTION 2. That appropriations made in this ordinance are of a project length nature and as 15 such do not lapse at the end of any particular fiscal year.

Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2012-19-44 Page 1 of2 30 1 SECTION 3. That this ordinance takes effect immediately upon its enactment.

2 ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS* 3 DAY OF* 2013.

Linda Murphy, Assembly President ATTEST:

Johni Blankenship, MMC, Borough Clerk

Yes:

No:

Absent:

Ordinance 2012-19-44 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 2 of2 31 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 .f'\3-

FROM: Craig Chapman, DirectorofFinance (! ~

DATE: February 7, 2013

SUBJECT: Ordinance 2012-19- 4·4-, appropriating $ in Bear Creek Fire Service Area General Obligation Bond proceeds to pay for the construction of a new fire and emergency services facility in the Bear Creek Fire Service Area

The attached ordinance would appropriate the proceeds from the general obligation bonds that are scheduled to be sold March 12,2013. These bonds were authorized by a majority of service area residents voting in the October 2, 2007, election to pay the costs of planning, designing, site preparation, constructing, acquiring, renovating, installing, and equipping the Bear Creek Fire Service Area facility. The exact amount of proceeds will be provided to the assembly prior to public hearing on this ordinance. This amount will not be known until after the bond sale, which is scheduled for March 12, 2013.

FINANCE DEPARTMENT ACCOUNT VERIFIED

Acct. No. __.....:4;r.;;4~2.:..l::.5:.!..!12::....!1~0:...!..1!:!l35~6~6.~49~9~9~9---

Amount ___AI-+/..._fl...______

By: ---jf,_O-"'(=-'--- Date: f:1 { & /13

32 Introduced by: Mayor Date: 02/19/13 Hearing: 03/19/13 Action: Vote:

KENAI PENINSULA BOROUGH ORDINANCE 2013-09

AN ORDINANCE AMENDING KPB TITLE 16 TO CLARIFY THAT TERMS OF SERVICE FOR SERVICE AREA BOARDS WITH ELECTED MEMBERS CONTINUE UNTIL A SUCCESSOR IS ELECTED OR APPOINTED

1 WHEREAS, the borough code chapters governing each of the 12 service areas with elected 2 boards have either inconsistent or no language providing that board members 3 shall serve until a successor assumes the duties of office; and

4 WHEREAS, without this provision a member's term of office automatically expires at the end 5 of the defined term leaving a vacancy until a new member is either elected or 6 appointed if no one ran for that seat, which can lead to difficulties in establishing 7 a quorum or even having enough members on the board to establish a quorum; 8 and

9 WHEREAS, filling a vacancy on a service area board by appointment requires at least 21 days 10 advance public notice plus time for review and election by the board of the new 11 member; and

12 WHEREAS, inserting consistent language in the code for all service area boards providing that 13 members of these boards hold office until a successor takes office addresses this 14 problem and makes the chapters consistent for ease of administration; and

15 WHEREAS, this provision would not change the ability of service area board members to 16 resign as it only addresses when the standard term of office expires; and

Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2013-09 Page 1 of8

33 1 WHEREAS, at its meeting of , 2013, the Central Kenai Peninsula Hospital 2 Service Area board recommended ; and

3 WHEREAS, at its meeting of , 2013, the Nikiski Fire Service Area board 4 recommended ; and

5 WHEREAS, at its meeting of , 2013, the North Peninsula Recreation 6 Service Area board recommended ; and

7 WHEREAS, at its meeting of , 2013, the Kachemak Emergency Service 8 Area board recommended ; and

9 WHEREAS, at its meeting of , 2013, the South Kenai Peninsula Hospital 10 Service Area board recommended ______

11 WHEREAS, at its meeting of , 2013, the Bear Creek Fire Service Area 12 board recommended ; and

13 WHEREAS, at its meeting of , 2013, the Central Emergency Service Area 14 board recommended ; and

15 WHEREAS, at its meeting of , 2013, the Seward-Bear Creek Flood 16 Service Area board recommended ; and

17 WHEREAS, at its meeting of , 2013, the Seldovia Recreational Service 18 Area board recommended ; and

19 WHEREAS, at its meeting of , 2013, the Anchor Point Fire and 20 Emergency Medical Service Area board recommended ______; and 21

Ordinance 2013-09 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 2 of8 34 1 WHEREAS, at its meeting of ______, 2013, the Nikiski Senior Service Area

2 board recommended ------

3 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI 4 PENINSULA BOROUGH:

5 SECTION 1. That KPB 16.04.065 is hereby amended as follows:

6 16.04.065. Election of board members.

7 Vacancies for service area boards requiring elected boards shall be filled by the 8 candidate receiving the highest number of the votes cast for that seat. In the 9 event that no candidate files for election to a seat which is to be filled at said 10 election, then no election shall be conducted for that particular seat, and the 11 seat shall be filled by a majority vote of the remaining board following 12 certification of the election and in accordance with applicable provisions of 13 title 16 governing filling vacancies.

14 SECTION 2. That KPB 16.08.050 is hereby amended as follows:

15 16.08.050. Board-Qualifications and terms of office.

16 Members shall be qualified voters of the borough who are residents of the 17 service area. Members shall be elected to seat A for a term of 1 year, and seats 18 B through G for a term of 3 years and shall serve thereafter until a successor 19 has been elected or appointed, qualified and sworn to assume the duties of 20 office, except that the first board shall contain members elected to seats B and 21 C for initial terms of 1 year and to seats D and E for initial terms of 2 years in 22 order to provide for staggered terms.

Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2013-09 Page 3 of8 35 1 SECTION 3. That KPB 16.12.050 is hereby amended as follows:

2 16.12.050. Board-Qualifications and terms of office.

3 Members of the board of directors shall be qualified voters of the borough who 4 are residents of the service area. Candidates shall file for election to Seats A 5 through G for staggered terms of three years and shall serve thereafter until a 6 successor has been elected or appointed, qualified and sworn to assume the 7 duties of office, except that the first elected board shall contain members 8 elected for lesser periods as designated in the documents setting up the election 9 to provide for staggered terms.

10 SECTION 4. That KPB 16.16.050 is hereby amended as follows:

11 16.16.050. Board-Term of office.

12 A member of the board of directors shall be elected for a term of three years

13 and shall serve thereafter until£! [HIS] successor has been elected or appointed, 14 qualified and sworn to assume the duties of the office, except that the first 15 board shall contain members elected for lesser periods as designated in the 16 documents setting up the election to provide for staggered terms.

17 SECTION 5. That KPB 16.20.060 is hereby amended as follows:

18 16.20.060. Board-Terms of office.

19 Each member of the board of directors shall be elected for a term of three years

20 and shall serve thereafter until £! [HIS OR HER] successor has been elected or 21 appointed, qualified and sworn to assume the duties of the office, except that 22 the first elected board shall contain members elected for lesser periods as

Ordinance 2013-09 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 4 of8 36 1 designated in the documents setting up the election to provide for staggered 2 terms.

3 SECTION6. That KPB 16.24.050 is hereby amended as follows:

4 16.24.050. Board-Qualifications and terms of office.

5 Members shall be qualified voters of the borough who are residents of the 6 service area. Each member of the board of directors shall be elected for a term 7 of three years and shall serve thereafter until a successor has been elected or 8 appointed, qualified and sworn to assume the duties of office [MEMBERS 9 SHALL BE ELECTED TO SEATS A THROUGH I FOR A TERM OF 3 YEARS], except that 10 the first board shall contain members elected to Seats G, H, and I for initial 11 terms of 1 year and to Seats D, E, and F for initial terms of 2 years in order to 12 provide for staggered terms.

13 SECTION 7. That KPB 16.28.050 is hereby amended as follows:

14 16.28.050. Board-Terms of office.

15 A member of the board of directors shall be elected for a term of 3 years and

16 shall serve thereafter until ~ [HIS] successor has been elected or appointed, 17 qualified, and sworn to assume the duties of the office, except that the first 18 board shall contain members elected for lesser periods as designated in the 19 documents setting up the election to provide for staggered terms.

Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2013-09 Page 5 of8 37 1 SECTION 8. That KPB 16.30.060 is hereby amended as follows:

2 16.30.060. Board-Terms of office.

3 A member of the board of directors shall be elected for a term of three years

4 and shall serve thereafter until£! [HIS] successor has been elected or appointed, 5 qualified and sworn to assume the duties of the office, except that the first 6 board shall contain members elected for lesser periods as designated in the 7 documents setting up the election to provide for staggered terms.

8 SECTION9. That KPB 16.50.060 is hereby amended as follows:

9 16.50.060. Board-Terms of office.

10 Each member of the board of directors shall be elected for a term of three years

11 and shall serve thereafter until £! [HIS OR HER] successor has been elected or 12 appointed, qualified and sworn to assume the duties of the office, except that 13 the first board shall contain members elected for lesser periods as designated in 14 the documents setting up the election to provide for staggered terms and as 15 provided in KPB 16.50.030.

16 SECTION 10. That KPB 16.55.060 is hereby amended as follows:

17 16.55.060. Board-Terms of office.

18 Each member of the board of directors shall be elected for a term of three years

19 and shall serve thereafter until £! [HIS OR HER] successor has been elected or 20 appointed, qualified and sworn to assume the duties of the office, except that 21 the first elected board shall contain members elected for lesser periods 22 described in KPB 16.55.030. 23

Ordinance 2013-09 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 6 of8 38 1 2 SECTION 11. That KPB 16.60.030 is hereby amended as follows:

3 16.60.030. Terms and qualifications.

4 A member of the board of directors shall be elected for a term of 3 years, and

5 shall serve until~ [HIS] successor has been elected or appointed, qualified and 6 sworn to assume the duties of the office, except that the first board shall 7 contain staggered terms as designated in the resolution providing for the 8 election.

9 SECTION 12. That KPB 16.70.060 is hereby amended as follows:

10 16.70.060. Board-Term of office.

11 Board of directors members shall be elected for a term of three years and shall 12 serve thereafter until a successor has been elected or appointed, qualified and 13 sworn to assume the duties of office; except that the first board shall contain 14 members elected for less periods to provide for staggered terms. Candidates 15 shall file for election to Seats A through E for staggered terms of three years.

16 SECTION 13. That this ordinance takes effect immediately upon its enactment.

17 ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS * 18 DAY OF* 2013.

Linda Murphy, Assembly President ATTEST:

Johni Blankenship, MMC, Borough Clerk

Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2013-09 Page 7 of8 39 Yes:

No:

Absent:

Ordinance 2013-09 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 8 of8 40 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 (1\?

FROM: Johni Blankenship, Borough Clerk ;/3_ Colette Thompson, Borough AttorKey ;;;;;;:;

DATE: February 7, 2013

SUBJECT: Ordinance 2013- OCf, amending KPB Title 16 to clarify that terms of service for service area boards with elected members continue until a successor is elected or appointed

Title 16 currently contains provisions in each chapter regarding the term of service for board members of service areas with elected service area boards. For clarification and ease of administration it is important that all of the service area chapters provide that members shall serve until a new member is either elected or appointed to the seat occupied by the existing member. Otherwise the seat of a member who does not run for office will become vacant at the end of their term if no one is elected to fill that seat or ifthe elected member is delayed in taking office. Four of these chapters do not provide that members will continue to serve until a successor takes office. Several others only provide that they will hold office until a successor who is elected takes office but do not provide that the member holds office until a successor who is appointed takes office. This ordinance would address those concerns and make the provisions uniform throughout the code. Your favorable consideration would be appreciated.

41 Kenai Peninsula Borough Assembly Committees 2012-2013

ASSEMBLY COMMITTEES 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 • Seward/Bear Creek Flood SA -Sue McClure Brent Johnson, Vice Chair • South Peninsula Hospital- Mako Haggerty, Hal Smalley Bill Smith

• Legislative Committee NON-BOROUGH COMMITTEES Kelly Wolf, Chair Hal Smalley, Vice Chair • Cook Inlet Aquaculture All Assembly Members Brent Johnson

• President Pro Tern • Cook Inlet R.C.A.C. Charlie Pierce Grace Merkes, Term Expires March, 2014

OTHER BOROUGH COMMITTEES • Economic Development District Linda Murphy, Term Expires 12/31/13 • School Board Hal Smalley, Term Expires 12/31/14 Brent Johnson • 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, 2013

S:\WPWIN\DATA\COMMIITEE\Assembly Committees\12-13 Assembly Committee List.doc November 8, 2012 42 ADDITIONAL ITEMS MUNI ENTITLEMENT/ PC/ ASSEMBLY JOINT WORKSHOP AGENDA February 19, 2013

Introduction: Mayor's Remarks -Mayor Navarre (5 min)

Municipal Entitlement Finalization: Project timeline and process -Marcus (1 0 min)

Community Outreach: Review of community outreach and responses. -John (1 0 min)

Focus: What is important to our Communities? Role of the Municipality

Break into work groups: (1 0-15 min) Identify a scribe "Purpose" worksheet

Mapping Ideas: (10min)

Break: (5 min)

Work group reports: "What we identified" "Priorities" worksheet (20 min)

Presentation: Mapping public input Bobbi Lay & Marcus (10 min)

Closure: Marcus (5 min) Kenai Peninsula Borough

February 19, 2013

Scott Cabalka, Vice President, Institutional Portfolio Manager Tom Yang, Investment Banker, RBC Capital Markets

RBC Global Asset Management (U.S.) Inc. 100 South Fifth Street, Suite 2300 • Minneapolis, MN 55402-1240 612-376-7000 • 800-553-2143 • www.rbcgam.us Kenai Peninsula Borough

February 19, 2013

Scott Cabalka, Vice President, Institutional Portfolio Manager Tom Yang, Investment Banker, RBC Capital Markets

RBC Global Asset Management (U.S.) Inc. 100 South Fifth Street, Suite 2300 • Minneapolis, MN 55402-1240 612-376-7000 • 800-553-2143 • www.rbcgam.us Table of Contents

I. Firm Overview

II. Portfolio Review

Ill. Market and Economic Overview

RBC Global I . . Asset Management 2

Royal Bank of Canada Strength & Stability

One of the highest rated, largest and safest banks in the world* 80,000 employees serving 15 million clients globally

~--·~~;..r:~ ·;:,:-:-~~..-···~:· ··:r··-~~·-:~~"~7'.:·:· '1

C~pitalM~rketsj 1mdikfuW~~·~·r;fr~ ~--~~~:;. . ... ··c ..; l :

RBCGlobal Asset Management RBCGlobal Asset Management- US $284.6 billion in AUM globally $43.0 billion in AUM across all major asset classes Client Type Profile Asset Class Profile Taxa ble Fixed Municipal Bond • 58% in institutional assets Income 2% 75 % • More than 1,100 employees worldwide, including 275 investment professionals Corporations 19%

Taft-Hartley 5% Long-Term Mutual Funds 6% Profileexcludes money market fund assets($21 _ 1 billion)

•Ratings: S&P: AA-, Moody's: Aa3 (Bloomberg, 12.31. 12)- Ranked Sfhlargest bank in North America and 111h globally based on market capitalization (Bloomberg, 12.31.12). Ranked 41h safest bank in North America and 17'hglobally (Global Finance, August 2012). All other data in US dollars as of 12.31.12. Refer to disclosurepage for more information on RBC GAM and its affiliates.

RBC Global e 4 ~ Asset Management Breadth of Investment Capabilities Strategies that Allow Us to Create Customized Client Solutions

Minneapolis Chicago Boston • U.S. Fixed Income • U.S. Equity • Fund of • U.S. Equity (Small Cap Core) • U.S. Cash Mgmt. (Small Cap Growth) Hedge Funds • U.S. Equity (Mid Cap Value) • U.S. Equity • U.S. Equity (Microcap Core) (SM ID Growth) • U.S. Equity (Large Cap Value) • U.S. Equity (Large Cap Core) • International Equity • Economically Targeted Investing (U.S. Fixed Income) I I * * I * * i * *

* - Hong Kong • Asian Equity (Core) Vancouver Toronto london • High Yield Bonds • Global Resources • Global High Yield Bonds • Derivative Overlay • Global Precious Metals • Emerging Market Corporates • Canadian Fixed Income • Global Energy • Emerging Market Select Bonds • Canadian Cash Mgmt. • Currency Solutions • Global Convertibles • Canadian Equity • Canadian Fixed Income • European Equity (Core) • Canadian Equity (Core) • Alternatives • U.S. Equity • Absolute Return

Not all strategies presented are currently sold in the U.S.

RBC Global 5 I . - Asset Management The RBC GAM-US Fixed Income Investment Team

Mike Lee, CFA Chief ExecutiveOfficer President& Chief InvestmentOfficer ~~·:.~---•·>~~/~.:~;~t~;

~nr~-~~.. - .. :. -"~~·:··~~

Dan Chornous, CFA John Utter RBCGAMinc. Head of Institutional Brian Svendahl, CFA CFA Chief InvestmentOfficer Brandon Swensen, Client Service- U.S. Co-Head, U.S. Fixed Income Committee Chair Co-Head, U.S. Fixed Income Ronald Homer Toronto Access Capital Research Focused Team Structure InstitutionalPortfolio Manager Brian Svendahl, CFA RBCGAM-US Government& Risk Management& Amy Buser Co-Head, U.S. Fixed Income Municipal Research Credit Research Associate Portfolio Manager Mortgage Research Investment Performance Minneapolis ll II II Scott Cabalka Brandon Swensen, CFA Raye Kanzenbach, CFA* Eric Hathaway, CFA Alexey Baskakov, CFA Jim Stitt Institutional Portfolio Manager RBCGAM-US Senior Portfolio Manager Portfolio Manager SeniorAnalyst Head of Risk Management & Amy Carlson Co-Head, U.S. Fixed Income InvestmentP erformanceT eam Marco Naylon Scott Kirby* Susanna Gibbons, CFA* Associate Portfolio Manager Minneapolis Analyst Senior Portfolio Manager PortfolioManager David Fake QuantitativeAnalyst Michael Nguyen Dagmara Fijalkowski Chad Rice, CFA Laurie Mount John Northup, CFA Institutional Portfolio Manager RBCGAMinc. Portfolio Manager Analyst Senior Analyst Open Position Head, Global Fixed Incomeand QuantitativeAnalyst Lorna Schmidt Currencies Jonathan Tai, CFA Jake Rath, CFA InstitutionalPortfolio Manager Toronto& London Analyst Portfolio Manager Tiffany Knutson PerformanceAnalyst Bridget Tompkins New Position James Weinand, CFA William John Client Service Manager Analyst SeniorAnalyst Edith Lotterman RBCGAMinc. PerformanceAnalyst Head of Fixed Income Vancouver

As of 12.31.12 'ResearchL ead RBC GlobalAsset Management( "RBC GAM'} is the asset management division of Royal Bank of Canada(" RBC'j whichincludes RBC Global Asset Management( U.S.) Inc. ("RBC GAM-US'}, RBC GlobalAsset Management Inc. ("RBC GAMInc .'}, RBC Alternative Asset ManagementI nc., and BlueBayAsset ManagementLLP , which are separate, but affiliated corporateentities . ®/™ Trademark(s) of Royal Bank of Canada. Used under license.© 2012 RBC GlobalAsset Management ( U.S.) Inc.

RBC Global 6 I . - Asset Management Kenai Peninsula Borough: Your Team at RBC GAM (US)

I Portfolio Management Team • Brandon Swensen- Co-Head, U.S. Fixed Income • Brian Svendahl- Co-Head, U.S. Fixed Income • Susanna Gibbons - Portfolio Manager, Credit Research Lead • Eric Hathaway - Portfolio Manager, Rates Research • Raye Kanzenbach - Senior Portfolio Manager, Municipal Research Lead • Jim Stitt- Director, Head of Risk Management and Investment Performance

Client Service Team • Scott Cabalka- Vice President, Institutional Portfolio Manager • Greg Carlson- Manager, Client Portfolio Administration

RBC Global 7 I . - Asset Management

RBC GAM (US) Fixed Income

Annualized Performance Returns(%) as of 12.31.12 Kenai Peninsula Borough

Gross 2.01 0.15 0.70 0.61 0.54 0.02 0.14 -0.01 3.30

Net 1.90 0.12 0.67 0.58 0.52 0.01 0.13 -0.02 3. 19

Income Return 2.10 0.51 0.51 0.52 0.55 0.17 0.16 0.18 2.47

Principa l Return -0.09 -0.36 0.19 0.09 0.00 -0.15 -0.03 -0.19 0.81

BofAML Corp/Govt 1-5 Yr A+ Rtd 1.97 0.15 0.79 0.60 0.41 -0.02 0.20 -0.03 2.97

Source: RBC GAM (US), BofAML

e I RBC Global J ~ Asset Management RBC GAM (US) Fixed Income

Kenai Peninsula Borough

Portfolio Characteristics - as of 12.31.12 Quality Distribution

"DO%

Portfolio Index 8 2.0% Average Quality AA+ AA+ 80%

Market Yield 0.72 0.53 60% Duration 2.54 2. 61 40% Convexity 0.08 0.00 20% OAS 31 17 0.5% 0 .1% 0.1% Spread Duration 2.05 0.87 0% Cash AAA AA A BBB

• Kenai Peninsula Borough • Benchmark

RBC Global 10 I . . Asset Management RBC GAM (US) Fixed Income

Kenai Peninsula Borough as of 12.31 .12 Sector Distribution

80% 66.7%

60%

40%

20%

0% Corporate Government Municipal Securitized Treasury Related • Kenai Peninsula Borouqh • Benchmark

Duration Distribution

80%

59.4% 57.0% 60%

40%

20% 6.6% 4.7%

0% <1 Yr 1-3 Yrs 3-5 Yrs

• Kenai Peninsula Borouqh • Benchmark

RBC Global 1 1 I . . Asset Management Glossary of Investment Terms

Total Return Page 8 The sum of all investment income plus the changes in the capital valuation in the portfolio.

Market Value The current face amount of the security multiplied by the market price.

Market Yield Page 9 The portfolio's overall yield , as measured by the market valuations of the portfolio holdings.

Book Yield The yield to maturity of a security, as calculated at the time of purchase.

Duration Page 9 The measure of interest rate sensitivity which estimates the price change of a security (or a portfolio of securities) resulting from a change in interest rates. Duration may also be considered to be a measure of the "average maturity" of a stream of payments associated with a bond. It reflects a weighted average of the lengths of time until the remaining payments are made from a bond (or portfolio).

Convexity Page 9 A measure of interest rate sensitivity, used along with duration, which estimates the incremental price change resulting from th e change in interest rates.

OAS Page 9 Option-Adjusted Spread (OAS) is a measure of a security's extra return over the return of a comparable risk-free security.

Spread Duration Page 9 The measure of the sensitivity of a security's price to changes in spreads, relative to U.S. Treasuries (a risk-free security). Wider (or more narrow) spreads will cause the price of the securities to fall (rise).

Amortized Cost The price paid for the security, plus or minus adjustments for any purchase discounts of premiums associated with the purchase.

Unrealized Gain, The gain/loss that would be recognized form selling an asset, as Unrealized Loss compared to the reported amortized cost.

RBC Global 12 I . - Asset Management

Current Investment Environment

Current Yield Indications (Annual%) Sector 1 Month 2 Months 3 Months 6 Months 1 Year 2 Years 3 Years 5 Years 7 Years U.S. Treasuries 0.03% 0.06% 0.07% 0.10% 0.11 % 0.28% 0.41 % 0.88% 1.37% U.S. Agencies 0.06% 0.08% 0.11 % 0.14% 0.15% 0.31 % 0.45% 0.95% 1.44% AA Rated Corporate Notes 0.12% 0.16% 0.22% 0.32% 0.45% 0.60% 0.85% 1.55% 2.20% Tax-Exempt Municipals (A/Aa) 0.06% 0.10% 0.16% 0.25% 0.37% 0.53% 0.70% 1.00% 1.45%

Current Market Yields

2.50~o.------~ --+- U.S. Treasuries 2.00% - - u.s. Agencies AA Rated Corporate Notes Z' E 1.50% ~Tax-Exempt Municipals (A/Aa) <11 :2: 0 1-

~ 1.00~o ~------:>

::::: I M • • ; ~ ::: I 1 Month 2 Months 3 Months 6 Months 1 Year 2 Years 3 Years 5 Years 7 Years Term To Maturity

As of 1.31.13

e I RBC Global <4 ~ Asset Management Report Card

Positive Developments:

Global economic data rebounding • U.S. consumer and housing sectors show signs of revival • Global imbalances seem to be narrowing

Negative Developments:

• Economic data is still sub-par • Business sector remains sluggish • Eurozone has been in recession with much more work to be done • Mideast tensions have re-ignited

lnterestingDevel~~ments:~~~~~~~~~~~~~~~~~~~

• Policy uncertainty is a drag on growth today; could it abate in 2013? • Hurricane Sandy exerted negative short-term effects; long-term effects wi ll be limited

RBC Global e 15 ~ Asset Management -t . ::T CD )>~ •Vlo:J Vll""'' ~G1 -c s:o- Q) CJC"' ::l Ill Ill- en CJQ ..-+ ro 3 ro CJ) ::l,.. -·>< s: 0 ::J ..-+ ::Ten

(J) 0 c (")"""' CD JJ OJ (') G) )> ~ Policy Uncertainty Dampens Growth

Good Policy Bad public policy uncertainty hurts public policy . boosts econom1c hurts . . econom1c growth, econom1c growth regardless of growth outcome

e I RBC Global ~ . I Asset Management Global Economy Shows Sign of Life

Global Economy Bounced Back Recently

X 59 Q) ""0 -c 58 (j) !..... 57 0)Q) Oj c 56 Oj ~ 0) 55 c (j) 54 Oj ..c () !..... 53 :::J a.. 52 Oj .0 0 51 C) 50 Sep-09 Oct-1 o Nov-11 Dec-12

Source: JP Morgan, Markit, RBC GAM

e I RBC Global 18 ~ Asset Management Two Geographic Drags for Growth

Eurozone Economy is Still Depressed Emerging Markets Emerging From Contraction

65 - 60 ~ 0... I - Euro Area 60 Expansion 0) Expansion .§ 55 :::::l ...... ~ 55 (.) 0... m 0) - c ~ 50 ·;:: 50 m :::::l ~ ...... (.) (/) m 45 :::::l ~ 45 -c '- m m Contraction ~ 40 ~ Contraction 0)

-~ 40 '-0) 35 Q) E w 30 35 2006 2008 2010 2012 2005 2006 2007 2008 2009 2010 2011 2012 Note: PMI refers to Puchasing Managers Index, a measure of economic activity. Note: PMI refers to Puchasing Managers Index, a measure of economic activities. Source: Haver Analytics, RBC GAM Source: Haver Analytics, RBC GAM

RBC Global 10 I . - Asset Management Global Imbalances Narrowing

Global Imbalances Converging 3

RBC Global 20 I . - Asset Management Businesses Scale Back

• Political uncertainties and yet-to-be-resolved Euro crisis hinder corporate spending

Capital Spending Decreases on Policy Uncertainty

30

(/),_ ~ 20 ,_ 0 ~ Q) 10 00'> 0 c <.9~ 0

+-"roO ·o_ cf?- cu >- -10 0 0 ~>-0.._... 0 -20 5 zQ) -30

-40 2001 2003 2005 2007 2009 2011 2013

Source: Census Bureau, RBC GAM

rf! RBC Global ?1 ~ Asset Management U.S. Corporations Could Increase Spending

• Corporate profits have improved but investments have not kept pace • Perhaps greater policy certainty could unleash it

U.S. Corporate Savings Exceed Investment 1,600 • Excess Savings Excess Investment - Retained Earnings - Capital Expenditures 800 (/) c: 0

co f:A- 400 I Domestic cash hoard

200 '------1980 1988 1996 2004 2012 Note: Y-axis in logarithmic scale. Source: Federal Reserve Board, Haver Analytics, RBC GAM

RBC Global I . - Asset Management 2~ . 0 ::::J )>;;a tQ •VICIJ VI("'\ 0 ~Cl 3:o -· Q.)C"' ::::J :::1 Ill Ill- tQ CfQ I ttl 3 0 ttl c: ,....:::1 c • en CJ) -· • ::J (Q :I: CD -Q) -·::::J tQ Housing Upside

Residential Construction Driving Growth

-Q) 20 0) c ro ..c 0 10 0~ >- 0 .._.>- 0 +-'c Q)

+-'E ~ -10 > -c ro c -20 Q) ""0 (j) Q) a: -30 2001 2003 2005 2007 2009 2011

Source: Bureau of Economic Analysis, Haver Analytics, RBC GAM

I RBC Global e 24 ~ ' Asset Management Consumer Rebound

• Consumer confidence is rising due to higher home prices and greater access to credit • Recent dip due to Sandy I fear over fiscal cliff

Consumer Confidence Upbeat Over the Year

120

110 X

RBC Global I . - Asset Management 25 Disclosures

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I RBC Global 26 I . - Asset Management Briefing to Kenai Peninsula Borough February 19, 2013

• What is a Risk Assessment? • Study Results • Risk Reduction Options • Questions?

What is a Risk Assessment?

• What can go wrong? What is a Risk Assessment?

• How likely is it? What is a Risk Assessment?

• What are the impacts? What is a Risk Assessment?

• Can the risk be reduced or the impact mitigated? Project Scope

Substances • Oil – Cargo, Crude Oil or Refined Product – Fuel, Bunkers

Project Scope

Vessel Types – Tank barges and tugs – Containerships – Cargo barges and tugs – Bulk carriers – Chemical carriers – Gas carriers – Tugs – Car carriers – Offshore Supply – Cruise ships and Vessels Ferries – Mobile Drill Rigs – Crude oil tankers – Government Vessels – Product tankers

Project Scope

Accident Types • Collisions • Structural Failures • Allisions • Mooring Failures • Powered Groundings • Fires • Drift Groundings • Foundering

Project Scope

Geographic Region

Organization

Management Team – Mike Munger, CIRCAC – Steve Russell, ADEC – Captain Paul Mehler, USCG

Project Managers – Nuka Research and Planning Group, LLC. Organization

Advisory Panel • Fisheries • Mariner, Tug and Barge • Local Government • Mariner, Tank Ship • Mariner, Pilot • Mariner, General • Mariner, Salvor • Non-Governmental Org. • Mariner, Containerships • Resource Manager • Subsistence Users

Tasks Completed

• Vessel Traffic Study • Baseline Accident and Spill Study • Consequence Analysis Study Vessel Traffic Study

Objectives 1. Characterize Vessel Traffic Utilizing Cook Inlet in 2010 Base Year (≥ 300 Gross Tons), 2. Predict Vessel Traffic Until 2019 Vessel Traffic Study

Findings • 480 ship port calls • 80% of the calls were made by 15 ships • 218 million gallons of persistent oil and 9 million gallons of non-persistent oil were moved on 83 tank ship voyages to or from the Nikiski and Drift River terminals Vessel Traffic Study

Findings • 36% of all persistent oil moved was fuel oil on dry cargo ships calling at Anchorage • 102 oil barge transits moved 366 million gallons of nonpersistent oil; the greatest amount of oil moved by a single vessel type

Vessel Traffic Study

• AMHS ferries 23% • Horizon Lines container ships 22% • TOTE Ro-Ro cargo ships 22% • Crude oil tank ships 15.5% • Refined product tank ships 4% • Bulk carriers 4% • Gas carriers 2.5% • Cruise ships 3% • Fish industry 1% 45

450 million gallons of persistent oil were move in 2010 566 million gallons of non-persistent oil was moved in 2010

Spill Baseline & Causality Study

Objectives Studied Historical Incidents and Vessel Traffic to Define: 1. Baseline (2010-2014) and; 2. Projected (2015- 2020) annual spill rate

Scenario Development

Spill Baseline & Causality Study

• Analyzed vessel casualty/spill incidents • Analyzed casualty/spill causes • Analyzed potential spill volumes • Determined most likely scenarios Spill Rates

• Vessel Types – Tank Ships – Tank Barges – Non-Tank/Non-workboat vessels (Cargo, Cruise ship) • Highest forecasted spill rate of 1.3 per year – Workboats (OSV, Towboat/Tugboat) • Highest baseline spill rate of 0.96 per year – Sum of the four vessel types is 3.9 spills per year Scenarios

• Defined for 2,112 unique combinations of vessel types and spill factor subcategories. • Majority of scenarios have low to very low relative risk level. • Tank ships have lowest baseline spill rate, but have the most risk from an oil spill. Consequence Analysis

• Workshop was held in Anchorage Oct 30 & 31 Consequence Analysis

• Based on Expert Judgment • Considered 7 spill scenarios • Characterized likely impacts

Consequence Analysis

Impacts Considered Environmental Socioeconomic • • Habitat Subsistence • Commercial Fishing • Fish • Recreation and • Birds Tourism • Mammals • General Commerce • Oil Industry Operations

Consequence Analysis

• Both persistent and non-persistent oil spill scenarios were evaluated • The conclusion were that even moderate size spills (~100 bbl) can have significant impacts • Over 40 people attended the Workshop • Workshop report was posted for public review and is being finalized.

Risk Reduction Options

Indentify Potential Risk Reduction Options Risk Reduction Options

• Some potential Risk Reduction Options have already been identified • We want to consider the broadest array of options, so we are asking anyone with a idea to submit it for consideration Risk Reduction Options

• The Advisory Panel will meet Friday February 22nd to consider Risk Reductions Options • The most promising ones will be evaluated for possible recommendation for implementation by the Advisory Panel Risk Reduction Options

• The evaluation process will consider – Estimating costs and benefits – Evaluating ease of implementation – Considering Un-intended consequences • Based on these evaluations the Advisory Panel will prioritize and make final recommendations in their Final Report www.cookinletriskassessment.com Questions? LA YDOWN ITEMS Michele Hartline Feb 19,2013 P!Jb!ic Comments to Assembly Transcribed for Minutes

The Anadromous Fish Habitat Task Force was originally tasked to determine if 2011-12 code was appropriate for some or all of the lakes included in the Fish and Game Catalog. Paul Ostrander reported to you on January 8th~ that "The original question posed- to the Task Force was too narrow. Other areas of the habitat protection code needed to be addressed."

The TaskForce then proceededto taskitselffor "individual members {to] draft amendments to present to the Task Force as a whole" and incorporate every issue within the Borough's Zoning Ordinance - Chapter 21. 18. Individual members proceeded to propose amendments to 21.18 to the Task Force, and so far, those amendments have been radically different. For example, at the January 17th meeting, when Paul asked Ray Tauriainen if he thought he could work with fellow Assemblyman Bill Smith on drafting a compromised amendment to present to the Task Force, Ray responded that their philosophies were so disassociated, the effort would not be worthwhile, and-Bill nodded.

Undeterred by the members polarization on the original2011-12 issue of the lakes inclusion, and now the additional massive self-imposed issues that 21.18 adds, the Task Force has been voting on components of their changes and by their time-linel are scheduled to complete by "the middle of February". After their changes have been made, they then plan to conduct three town-hall meetings to "gather public testimony". The order of events suggests that since the public input is after the changes have been made~ the effort of public testimony is simply a formality to _give the illusion that the public was somehow inclusive in giving their input to the Task Force's final recommendations.

Due to the members own self-awareness of their disassociated philosophies and personal agendas - which were pre-existing before their appointment to the task force - and the fact that the task force membership is heavily weighted against private property owner ri_ghts, I respectfully request that you ask the task force if their decisions were unanimous; what changes were made to their recommendations AFTER the public hearings; and were affected property owners directly notified of the townhall meetings by the task force before the meetings occurred?

The Task Force correctly assessed that other areas of the habitat protection zoning code 21-18 are simply bad codes that need to be changed. But this aggressive time line cannot possibly give it the attention it requires to become _good codes., worthy with sustainable substance.

Mayor Navarre, you appointed this task force. Please reinforce to them to stay focused, stay on task to their appointment; not to be over-reaching by trying to fix 21.18 in their short time line and to "pay attention".

I was always taught, "don't throw good money after bad". The same sage advice can be given to you, Don't throw more meaningless, unenforceable bad laws after the bad ones we already have. REPEAL 2011-12 in its entirety NOW, throw this bad ordinance OUT. Then., when the Task Force presents it's recommendations to you, take the good and the bad information you receive from it and start over again - and this time, take the time to understand the magnitude of the words used, the cost of realistic enforcement, pre-notify affected public citizens, and hold town­ hall meetings before decisions are made. Appoint a new Task Force to address the unbelievably bad codes in 21-18. A task force whose members are equally balanced in representation of issues; open-minded citizens that are willing to be respectful of each other and their ideas; Michele Hartline Feb 19,2013 Public Comments to Assembly Transcribed for Minutes

willing to listen to 'specialists' presentations and positions in addition to the average borough citizen equally; and willing to commit the time necessary to do a good job.

In summary, please reinforce and encourage the Task Force to address the only issue they were tasked: Is 2011-12 code appropriate for some or all of the lakes included in the Fish and Game Catalog- and live up to theleadership role you~ve been given and fix this. mess -by Repealing 2011-12 NOW, then take on the task of fixing 21-18 by creating an un-biased, Assembly­ appointed task force sans the perceived conflicts and bias' of currently seated Assembly member-s. Fiscal Impact requirements

Required

A summary of the economic impact of a proposed ordinance or resolution.

Items to be included in the summary include the following:

Local government (public sector) impact for the current and succeeding three years

All cost of implementation, capital, operating, and maintenance of the proposed ordinance, if adopted, including:

Changes in revenue and how the will the ordinance be funded

The impact on existing programs

The source of funds to be utilized

The number of new positions which may be required, identified as full-time, part-time or temporary

The impact of not passing the proposed ordinance

Impact to the private sector

Cost or opportunity to individuals or businesses

Available of goods and services

Employment

Property values

Population Fiscal Impact Statement

Ordinance/Resolution Description:

Sponsor:

Current Year FY2014 FY2015 FY2016 Revenue Sources Local $ - $ - $ - $ State Federal Other Total $ - $ - $ - $

Current Year FY2014 FY2015 FY2016

Personnel $ - $ - $ - $ Supplies Services Equipment other Total $ - $ - $ - $

Positions needed; FT, PT & Temp

Description of positions needed

Public Sector Economic Impact

Private Sector Economic Impact