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Tab_64[Ii 31 N I ('V I aLl] l II] (l1lfN i Cl t m 1h111111 1 iii 211 Ills] FIIIII lI1 'I W1 C iiiiiiei 31iI Dl 11 l] :1U rei I (l)I 1 DI UI I] l[I lII)I IIWAIl Fl I, TINA ANDERSON, hereby certify as follows: 1. I am the duly appointed, qualified and acting Borough Clerk of the Aleutians East Borough, Alaska (the "Borough"), and as such am authorized to execute this certificate. 2. Attached hereto is a true and correct copy of Resolution No. 17-05 of the Borough, passed by the Borough Assembly on September 7, 2016, and duly recorded in my office. 3. The Borough Assembly meeting of September 7, 2016, was duly convened and held in all respects in accordance with law to the extent required by law, due and proper notice of such meeting was given; a quorum was present throughout such meeting and a legally sufficient number of members of the Borough Assembly voted in the proper manner for adoption of Resolution No. 17-05; and all of the requirements and proceedings incident to the proper passage of Resolution No. 17-05 have been duly fulfilled, carried out and otherwise observed. 4. Resolution No. 17-05 has not been amended or repealed and is in full force and effect. Dated: November 3, 2016. ) Tina Anderson, Borough Clerk- [S E AL] 51551615.1 RESOLU1 ON 17-05 111111111. WHEREAS, pursuant to Resolution No, 07-15 of the Borough, passed and approved on January 10,2007 (as amended by Resolution No, 07-18 of the Borough, passed and approved on March 25, 2007, the "2007 Bond Resolution'), the Borough issued its General Obligation Refunding Bond, 2007 (the 2007 Bond"), in the original principal amount of $21,095,000, of which $19,525,000 is now outstanding: and WHEREAS, under AS 29.47300, if the Borough has outstanding general obligation bonds and the Assembly determines it would be financially advantageous to refund those bonds, the Borough may provide by resolution for the issuance of general obligation refunding bonds, and under AS 29,47.320, no election is required to authorize the issuance and sale of refunding bonds; and WHEREAS, under AS 2947,340, refunding bonds may be exchanged for the bonds being refunded; and WHEREAS, the Borough sold the 2007 Bond to the Alaska Municipal Bond Bank Authority (the "Bond Bank"), as authorized by the 2007 Bond Resolution, on the terms and conditions set forth in, among others, the 2007 Bond Resolution and the loan agreement between the Borough and the Bond Bank dated as of September 1, 2003 (as amended as of April 1, 2007, the '2007 Loan Agreement"); WHEREAS, the Bond Bank issued its General Obligation Bonds, 2007 Series Two (the '2007 Bond Bank Bonds"), among other purposes, to provide funds to purchase the 2007 Bond, as provided in the 2007 Loan Agreement; and WHEREAS, the Bond Bank has expressed its intent to issue refunding bonds (the "Bond Bank Refunding Bands") for the purpose of refunding a portion of the 2007 Band Bank Bands and achieving a debt service savings; and ;\N(J1(RA (;. ,; ALEUTIANS EAST BOROUGH, ALASKA RESOLUTION No 17-05 WHEREAS, Section 6 of the 2007 Loan Agreement provides that payments of principal of and interest on the 2007 Bond may be adjusted to reduce debt service on the 2007 Bond if the Bond Bank is able to achieve debt service savings by refunding the 2007 Bond Bank Bonds; and WHEREAS, the Bond Bank has offered to enter into a Second Amendatory Loan Agreement (the 'Amendatory Loan Agreement') to effect a reduction in debt service on all or a portion of the principal installments of the 2007 Bond payable on or after December 1, 2017 (the "Refundable Principal Installments"); and WHEREAS, the Assembly wishes to effect a reduction in debt service on all or a portion of the Refundable Principal Installments by entering into the Amendatory Loan Agreement, issuing its general obligation refunding bond (and, if necessary, a replacement 2007 Bond) in exchange for the 2007 Bond and participating in the refunding of a portion of the 2007 Bond Bank Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE ALEUTIANS EAST BOROUGH, ALASKA, that: Section 1. Definitions, In addition to the definitions specified elsewhere in this resolution, the following terms shall have the following meanings in this resolution: (a) 'Bond" means the general obligation refunding bond of the Borough, the issuance of which is authorized herein. (b) 'Bond Register" means the registration books maintained by the Registrar, which include the name and address of the owner of the Bond or the nominee of such owner. (c) Code' means the Internal Revenue Code of 1986, as amended from time to time, together with all regulations applicable thereto. (d) 'Continuing Disclosure Certificate" means a certificate relating to the Bond executed and delivered by the Borough with respect to compliance with paragraph (b)(5) of Rule 15c212 of the Securities and Exchange Commission, as such certificate may be amended or supplemented from time to time in accordance with its terms. (e) "Government Obligations" means direct obligations of, or obligations the timely payment of principal of and interest an which are unconditionally guaranteed by, the United States of America. (f) 'Registered Owner" means the person named as the registered owner of the Bond in the Bond Register. (g) "Registrar" means the Borough Administrator of the Borough, or any successor that the Borough may appoint by resolution. Resolution No, 17-05 Page 2 of 10 ALEUTIANS EAST BOROUGH, ALASKA RESOLUTION No. 17-0f~ Section 2. Authorization of Bond and Purpose of Issuance. The Assembly hereby determines it would be financially advantageous to refund all or a portion of the Refundable Principal Installments by issuing the Bond (and, if necessary, a replacement 2007 Bond) on the terms and conditions provided in this resolution. For the purpose of providing the funds required to refund all or a portion of the Refundable Principal Installments and to pay all costs incidental thereto and to the issuance of the Bond, the Borough hereby authorizes and determines to issue and to sell the Bond in the principal amount of not to exceed $20,000,000, The Bond shall be designated "Aleutians East Borough General Obligation Refunding Bond," with such additional series and year designation as the Borough Administrator may fix and determine, The Borough Administrator is authorized to fix and determine which of the Refundable Principal Installments are to be refunded by issuing the Bond (and, if necessary, a replacement 2007 Bond) in exchange therefor, The Borough has ascertained and hereby determines that each and every matter and thing as to which provision is made in this resolution is necessary in order to carry out and effectuate the purpose of the Borough in accordance with the constitution and the statutes of the State of Alaska and to incur the indebtedness and issue the Bond. Section 3. Obligation of Bond, The Bond shall be a direct and general obligation of the Borough, and the full faith and credit of the Borough are hereby pledged to the payment of the principal of and interest on the Bond. The Borough hereby irrevocably pledges and covenants that it will levy and collect taxes upon all taxable property within the Borough without limitation as to rate or amount, in amounts sufficient, together with other funds legally available therefor, to pay the principal of and interest on the Bond as the same become due and payable. Section 4. Des,criptionofBond. The Bond shall be dated the date of its initial delivery, and each principal installment of the Bond shall be in the denomination of $5,000 or any integral multiple thereof, or such other date and denominations as may be determined by the Borough Administrator, and shall be numbered in such manner and with any additional designation as the Registrar deems necessary for purposes of identification, The Bond shall bear interest payable semiannually on the dates and shall mature on the date and each principal installment shall be payable annually in the amount and on the dates, all as shall be set forth in the Amendatory Loan Agreement. Interest on the Bond shall be computed on the basis of a 360day year composed of twelve 30-day months. The Borough Administrator is authorized to fix and determine the principal amount, maturity date, principal installments and payment dates and the rate or rates of interest to be borne by such principal installments, provided that (I) no rate of interest on any principal installment shall exceed the rate of interest on the corresponding maturity of the Bond Bank Refunding Bonds: (ii) the net present value of the savings to the Borough effected by issuing the Bond (and, if necessary, a replacement 2007 Bond) and refunding the Refundable Principal Installments that are refunded shall be at least three percent (3%) of the aggregate principal amount of the Refundable Principal Resolution No. 1705 Page 3 of 10 ALEUTIANS FAST BOROUGH, ALASKA RESOLUTION No. 17-0.~ Installments that are refunded; and (iii) the Bond shall mature on or before six months after the date on which the last Refundable Principal Installment that is refunded is payable. Section 5. Pla ce and Medium of Payment. Both principal of and interest on the Bond shalt be payable in lawful money of the United States of America which, on the respective dates of payment thereof, shalt be legal tender for the payment of public and private debts, For so long as the Bond Bank is the Registered Owner, payments of principal thereof and interest thereon shall be made as provided In the 2007 Loan Agreement, as amended by the Amendatory Loan Agreement (the "Amended Loan Agreement"). In the event that the Bond Bank is no longer the Registered Owner, payments of principal thereof and interest thereon will be made by check or draft mailed by first class mail to the Registered Owner at the address for the Registered Owner appearing on the Bond Register on the 15th day of the month preceding the payment date, provided that the final installment of principal of and interest on the Bond will be payable at the office of the Registrar upon surrender of the Bond to the Registrar. If any principal installment of the Bond is not paid when due, the Borough shall pay interest on such principal installment at the same rate provided in the Bond from and after its due date until such principal installment is paid in full or provision for payment thereof has been duly made. Section 6. Optional Prepayment. The principal installments of the Bond shall be subject to prepayment, at the Borough's option, on the dates and at the prices to be set forth in the Amendatory Loan Agreement. If fewer than all of the principal installments of the Bond are to be prepaid, the principal installments to be prepaid shall be determined by the Borough. Notice of any such prepayment shall be sent by the Borough not less than 50 days prior to the date fixed for prepayment by first class mail to the Registered Owner at the Registered Owner's address as it then appears on the Bond Register. Notice of prepayment having been duly given and the prepayment having been duly effected, interest on the principal installments to be prepaid shall cease to accrue on the date fixed for prepayment. Section 7. Form of Bond,. The Bond shall be in substantially the following form, subject to the provisions of the Amended Loan Agreement, and with such changes as the Borough Administrator approves: Resolution No. 1705 Page 4oflO ALEUTIANS EAST BOROUGH, ALASKA RESOLUTION No. 17-05 No, $_____ UNITED STATES OF AMERICA STATE OF ALASKA ALEUTIANS EAST BOROUGH GENERAL OBLIGATION REFUNDING BOND II$ZSIA11 PRINCIPAL AMOUNT: The Aleutians East Borough, Alaska (the Borough"), a municipal corporation of the State of Alaska, hereby acknowledges itself to owe and for value received promises to pay to the registered owner set forth above (the Registered Owner"), or its registered assigns, the principal amount set forth above in the following installments on I of each of the following years, and to pay interest on each such principal installment from the date hereof until paid or provision for payment thereof has been made, payable on 1, 20 and semiannually thereafter on and 1 of each year, at the following rates per annum: Principal Interest Year Installment Rate For so long as the Alaska Municipal Bond Bank Authority (the "Bond Bank") is the Registered Owner, payments of principal hereof and interest hereon shall be made as provided in the loan agreement between the Bond Bank and the Borough relating to this bond, as amended. In the event that the Bond Bank is no longer the Registered Owner, payments of principal hereof and interest hereon will be made by check or draft mailed by first class mail to the Registered Owner at the address for the Registered Owner appearing on the Bond Register on the 15th day of the month preceding the payment date, provided that the final installment of principal of and interest on this bond will be payable at the office of the Borough Administrator (the Registrar") upon surrender of this bond to the Registrar. Interest on this bond shall be computed on the basis of a 360-day year composed of twelve 30-day months. This bond is issued for the purpose of refunding certain principal installments of an outstanding general obligation bond of the Borough under Resolution of the Borough titled: Resolution No. 17-05 Page 6 of 10 EXECUTION OF CERTAIN DOCU MENTS IN ACCORDANCE THEREWITR AND PLEDGING THE FULL FAITH AND CREDIT OF THE BOROUGH 1THE (the "Resolution") The principal installments of this bond due on or after 13 20, shall be subject to prepayment, at the Borough's option, on and after 1,20 in whole or in part at a prepayment price of 100% of the principal amount to be prepaid, plus accrued interest to the date fixed for prepayment. If fewer than all of the principal installments of this bond are to be prepaid, the principal installments to be prepaid shall be determined by the Borough. Notice of any such prepayment shall be sent by the Borough not less than 50 days prior to the date fixed for prepayment by first class mail to the Registered Owner at the Registered Owner's address as it then appears on the Bond Register. Notice of prepayment having been duly given and the prepayment having been duly effected, interest on the principal installments to be prepaid shall cease to accrue on the date fixed for prepayment. This bond is transferable as provided in the Resolution, (i) only upon the Bond Register, and (ii) upon surrender of this bond together with a written instrument of transfer duly executed by the Registered Owner or the duly authorized attorney of the Registered Owner, and thereupon a new fully registered Bond in the same unpaid principal amount shall be issued to the transferee in exchange therefor as provided in the Resolution upon the payment of charges, if any, as therein prescribed. The Borough may treat and consider the person in whose name this band is registered as the absolute owner hereof for the purpose of receiving payment of, or on account of, the principal or prepayment price, if any, hereof and interest due hereon and for all other purposes whatsoever. This bond is a direct and general obligation of the Borough, and the full faith and credit of the Borough are pledged to the payment of the principal hereof and interest hereon, The Borough has irrevocably pledged and covenanted that it will levy and collect taxes upon all taxable property within the Borough without limitation as to rate or amount, in amounts sufficient, together with other funds legally available therefor, to pay the principal of and interest on this bond as the same become due and payable. Reference is hereby made to the Resolution and any resolution supplemental thereto for a description of the rights of the Registered Owner of this bond and of the rights and obligations of the Borough thereunder, to all of the provisions of which Resolution the Registered Owner of this bond, by acceptance hereof, assents and agrees. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts or things required by the constitution or statutes of the State of Alaska or the ordinances or resolutions of the Borough to exist, to have happened or to have been performed precedent to or in the issuance of this bond, exist, have happened and have been performed, and that this bond, together with all other indebtedness of the Borough, is Resolution No 1705 Page 6 of 10 044011MAIRNW-gST BOROUGH, ALASKA RESOLUTI ON No. fPEI1 within every debt and other limit prescribed by said constitution, statutes, ordinances or resolutions. IN WITNESS WHEREOF, THE ALEUTIANS EAST BOROUGH, ALASKA, has caused this bond to be signed in its name and on its behalf by its Mayor and its corporate seal to be hereunto impressed or otherwise reproduced and attested by its Clerk, all as of the day of _____ ___/sp ecimen/ Mayor A /specimen/ Borough Clerk Section 8. Execution. The Bond shall be executed in the name of the Borough by the Mayor, and its corporate seal shall be impressed or otherwise reproduced thereon and attested by the Borough Clerk. The execution of the Bond on behalf of the Borough by persons that at the time of the execution are duly authorized to hold the proper offices shall be valid and sufficient for all purposes, although any such person shall have ceased to hold office at the time of delivery of the Bond or shall not have held office on the date of the Bond. Section 9. Registration.. (a) The Band shall be issued only in registered form as to bath principal and interest. The Borough designates the Borough Administrator as Registrar for the Bond, The Registrar shall keep, or cause to be kept, the Bond Register at the office of the Borough. (b) The Borough, in its discretion, may deem and treat the Registered Owner of the Bond as the absolute owner thereof for all purposes, and neither the Borough nor the Registrar shall be affected by any notice to the contrary. Each payment made as described in Section 5 shall be valid and shall satisfy and discharge the liability of the Borough on the Bond to the extent of the amount or amounts so paid. (c) The Bond may be transferred only upon the Bond Register. Upon surrender for transfer or exchange of the Bond at the office of the Registrar, with a written instrument of transfer or authorization for exchange in form and with guaranty of signature satisfactory to the Registrar, duly executed by the Registered Owner or its duly authorized attorney, the Borough shall execute and the Registrar shall deliver a Bond of equal principal amount, subject to such reasonable regulations as the Registrar may prescribe and upon payment sufficient to reimburse it for any tax, fee or other governmental charge required to be paid in connection with such transfer or exchange. If the Bond is surrendered for transfer or exchange it shall be canceled by the Registrar. Resolution No 1705 Page 7 of 10 ALEUTIANS EAST BOROUGH, ALASKA RESOLUTION No. 17-05 (d) The Borough covenants that, until the Bond has been surrendered and canceled, it will maintain a system for recording the ownership of the Bond that complies with the provisions of Section 149 of the Code, Section 10. Bond Destroyed, Stolen or Lost. Upon filing with the Registrar of evidence satisfactory to the Borough that the Bond has been destroyed, stolen or lost and of the ownership thereof, and upon furnishing the Borough with indemnity satisfactory to it, the Borough shall execute and deliver a new Bond identical in all respects to the Bond destroyed, stolen or lost. The person requesting the execution and delivery of the new Bond under this section shall comply with such other reasonable regulations as the Borough may prescribe and pay such expenses as the Borough may incur in connection therewith. Section ii, Tax Covenants, The Borough covenants to comply with any and all applicable requirements set forth in the Code in effect from time to time to the extent that such compliance shall be necessary for the exclusion of the interest on the Bond from gross income for federal income tax purposes. The Borough covenants that it will make no use of the proceeds of the Bond which will cause the Bond to be an "arbitrage bond" subject to federal income taxation by reason of Section 148 of the Code. The Borough covenants that it will not take or permit any action that would cause the Bond to be a "private activity bond" as defined in Section 141 of the Code. The Borough hereby determines and certifies that the Bond is not a private activity bond" within the meaning of Section 141 of the Code. Sg~ction Exchange of the Bond, mendatorv Loan Agreement Continuing Disclosure Certificate. The exchange of the Bond for all the Refundable Principal Installments that are refunded (and, if necessary, the issuance of a replacement 2007 Bond), as provided in the Amended Loan Agreement and this resolution, is hereby authorized and approved. The Amendatory Loan Agreement and the Continuing Disclosure Certificate in substantially the form filed with this resolution are hereby approved. The Mayor and the Borough Administrator are each hereby authorized to execute and deliver the Amendatory Loan Agreement and the Continuing Disclosure Certificate in such forms, together with such changes not inconsistent herewith as may be approved by the Mayor or the Borough Administrator (such approval to be conclusively evidenced by such official's execution and delivery of such document). Section 13 Authority pf Officers. The Mayor, the Borough Administrator and the Borough Clerk are each hereby authorized and directed execute such documents, agreements and certificates and to do and perform such things and determine such matters necessary and desirable for the Borough to carry out its obligations under the Bond, the Amended Loan Agreement, the Continuing Disclosure Certificate and this resolution, Resolution No. 17-05 Page 8 of 10 ALEUTIANS EAST BOROUGH, ALASKA RESOLUTION No, 17.05 Section 14. Amendatojy and Supplemental Resolutions. (a) The Assembly from time to time and at any time may adopt a resolution or resolutions supplemental hereto, which supplement thereafter shall become a part of this resolution, for any one or more of the following purposes: (I) to add to the covenants and agreements of the Borough in this resolution, other covenants and agreements thereafter to be observed, or to surrender any right or power herein reserved to or conferred upon the Borough; or (ii) to make such provisions for the purpose of curing any ambiguities or of curing, correcting or supplementing any defective provision contained in this resolution or in regard to matters or questions arising under this resolution as the Assembly may deem necessary or desirable and not inconsistent with this resolution and which shall not materially adversely affect the interest of the Registered Owner, Any such supplement may be adopted without the consent of the Registered Owner, notwithstanding any of the provisions of subsection (b) of this section. (b) With the consent of the Registered Owner, the Assembly may adopt a resolution or resolutions supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this resolution or of any such supplement. It shall not be necessary for the consent of the Registered Owners under this subsection to approve the particular form of any proposed supplement, but it shall be sufficient if such consent approves the substance thereof, (c) Upon the adoption of any supplement under this section, this resolution shall be deemed to be modified and amended in accordance therewith, and the respective rights, duties and obligations under this resolution of the Borough and the Registered Owner shall thereafter be subject in all respects to such modification and amendment, and all the terms and conditions of such supplement shall be deemed to be part of the terms and conditions of this resolution for any and all purposes. Section 15. jfsance, Payment of any or all of the principal installments of the Bond may be provided for by the irrevocable deposit in trust of cash, noncaHable Governmental Obligations or any combination thereof. The cash and the maturing principal and interest income on such Government Obligations, if any, must be sufficient and available without reinvestment to pay when due such principal, whether at maturity or upon fixed prepayment dates, together with interest thereon. The cash and Government Obligations shall be held irrevocably in trust for the Registered Owner of the Bond solely for the purpose of paying such principal and interest as the same shall mature or become payable upon prepayment, and, if applicable, upon the giving of notice of prepayment and notification to the Registered Owner that the deposit required by this section has been made and that such principal is deemed to be paid in accordance with this resolution. Such principal shall no longer be deemed outstanding hereunder, The obligation of the Borough in respect of such principal and interest shall nevertheless continue but the Registered Owner shall thereafter be entitled to payment only from the Resolution No, 1705 Page 9 of 10 ALASKA RES0L11-nCh'1--Ao--1T--05 cash and Government Obligations deposited in trust to provide for the payment of such principal and interest. Section 16, Limitations on Recourse. No recourse shall be had for the payment of the principal of or the interest on the Bond or for any claim based thereon or on this resolution against any member of the Assembly or officer of the Borough or any person executing the Bond. The Bond is not and shall not be in any way a debt or liability of the State of Alaska or of any political subdivision thereof, except the Borough, and does not and shall not create or constitute an indebtedness or obligation, either legal, moral or otherwise, of the State of Alaska or of any political subdivision thereof, except the Borough. Section 17. Severability. If any one or more of the provisions of this resolution shall be declared by any court of competent jurisdiction to be contrary to law, then such provision shall be null and void and shall be deemed separable from the remaining provisions of this resolution and shall in no way affect the validity of the other provisions of this resolution or of the Bond. Section 18, Effective Date, This resolution shall take effect immediately upon its passage and adoption. ADOPTED BY THE ASSEMBLY OF THE ALEUTIANS EAST BOROUGH, on this day of Stanley Macl Mayor ATTEST: Tina Anderson, Borough Clerk Resol ution No. 17-05 Page 10 of 10 Aleutians East Borough Assembly Minutes September 7, 2016 CALL TO ORDER Mayor Mack called the Regular Assembly meeting to order by teleconference in each community on September 7, 2016 at 5:00 p.m. ROLL CALL Mayor Stanley Mack Present Chris Babcock Present Carol Foster Present Warren Wilson Present Alvin D. Osterback Present Ken McHugh Present-excused Joe Bereskin, Sr. Absent-unexcused Brenda Wilson Present Advisory Members: Chris Emrich, False Pass Present Angela Simpson, Cold Bay Present Justine Gundersen, Nelson Lagoon Present A quorum was present. Staff Present: Rick Gifford, Administrator Roxann Newman, Finance Director Jacki Brandell, Finance Assistant Tina Anderson, Clerk Anne Bailey, Administrator Assistant Laura Tanis, Communications Director Ernie Weiss, Resource Director Kurt Uttecht, Cold Bay Terminal Manager Adoption of the Agenda: MOTION Brenda moved to approve the agenda as presented and second by Warren. Hearing no more MOTION PASSED. Community Roll Call and Public Comments on Agenda Items: The communities of King Cove, False Pass, Sand Point, Nelson Lagoon, Cold Bay, and the Anchorage office were participating. There were no public comments. Minutes, May 12, May 31, 2016: MOTION Aleutians East Borough Minutes September 7, 2016 Alvin moved to approve May 12 and May 31, 2016 Assembly Meeting Minutes and second by Warren. Hearing no more, the minutes are approved as presented. Financial Reports, May, June, July, 2016: MOTION Chris moved to approve the May, June and July Financial Reports and second by Brenda. ROLL CALL Alvin-yes, Chris-yes, Brenda-yes, Warren-yes, Carol-yes. Advisory: Angela-yes, Justine-yes. MOTION PASSED. Investment Report, July, 2016: In packet. Consent Agenda • Resolution 17-01, appointing election judges for the October 4, 2016 Regular Election. • Resolution 17-02, appointing Canvass Committee for the October 4, 2016 Regular Election. • Resolution 17-03, Assembly requesting the Alaska Board of Fisheries accommodate Western Gulf of Alaska fishermen by adjusting the Board's meeting cycle schedule. • Resolution 17-04, adopting to participate in the AMLJIA Loss Control Incentive Program for FY17. • Resolution 17-06, authorizing the Mayor to dispose of the Cold Bay School property by negotiation with the federal/state government agency, local government or native or council at less than the fair market value. MOTION Alvin moved to approve the Consent Agenda and second by Chris. ROLL CALL Brenda-yes, Carol-yes, Warren-yes, Alvin-yes, Chris B.-yes. Advisory: Justine-yes, Angela- yes. MOTION PASSED. PUBLIC HEARING Public Hearing, Nelson Lagoon Erosion Community Development Block Grant Project: Anne Bailey reviewed saying this is the second Public Hearing for Nelson Lagoon Erosion Project, allowing the public another opportunity to ask questions on the grant. She added that the crew has been filling sand bags at location and that the Maintenance Director Don Eubank and his laborer assisted in clearing debris along project location. Mayor Mack opened for Public Hearing. Hearing none, Public Hearing closed. RESOLUTIONS Resolution 17-05, a Resolution of the Assembly of the Aleutians East Borough, Alaska authorizing the issuance of a General Obligation Refunding Bond of the Borough to refund certain principal installments of an outstanding General Obligation Bond of the Borough. 2 Aleutians East Borough Minutes September 7, 2016 Authorizing the execution of certain documents in accordance therewith and pledging the full faith and credit of the Borough to the payment thereof. MOTION Brenda moved to approve Resolution 17-05 and second by Carol. DISCUSSION The Administrator said Alaska Municipal Bond Bank Authority contacted the Borough recommending the Borough consider refunding the 2007 bonds at an estimated savings over $2M for the life of the bond. In 2007 the Bond Bank was able to refund the 2003 bonds at a savings to the Borough. Below is the $21M 2007 bonds projects list: o Cold Bay Dock Launch. o False Pass Boat Harbor. • Nelson Lagoon Finger Pier. o Sand Point Boat Harbor. o King Cove School. Approximately $19M is now outstanding. There is going to be a lot of bonds refunded at the same time, closing scheduled for November 3. Joe Levesque and Marc Greenough will be the attorneys handling the General Obligation Refunding Bond for the Borough. He recommends approval. ROLL CALL Alvin-yes, Warren-yes, Carol-yes, Brenda-yes, Chris B.-yes. Advisory: Justine-yes, Angela-yes. MOTION PASSED. ORDINANCES Introduction Ordinance 17-01, Amending the Operating and Capital Budget for FY16 (final): MOTION Alvin moved to accept Ordinance 17-01 and set for Public Hearing at the next Assembly Meeting and second by Chris B. (Chris Emrich arrived) ROLL CALL Warren-yes, Carol-yes, Chris B.-yes, Alvin-yes, Brenda-yes. Advisory: Angela-yes, Justine- yes, Chris E.-yes. MOTION PASSED. Introduction Ordinance 17-02, Amending Title I to provide for a general penalty, a minor offense fine schedule allowing for the disposition of certain offenses without a court appearance, providing for the applicable state surcharge, and amending Title 60 to identify those offenses punishable by the fine listed on the fine schedule. MOTION Aleutians East Borough Minutes September 7, 2016 Brenda moved to accept Ordinance 17-02 and set for Public Hearing at the next Assembly Meeting and second by Carol. ROLL CALL Carol-yes, Alvin-yes, Chris-yes, Brenda-yes, Warren-yes. Advisory: Justine-yes, Chris E.- yes, (lost Cold Bay connection). MOTION PASSED. OLD BUSINESS None NEW BUSINESS None REPORTS AND UPDATES Pollock Season: Alvin asked the Resource Director how the Pollock season is going and whether he is following the salmon by-catch issue and where we stand now. Weiss said he was not aware of the trawlers teleconference but has been following it since. He talked to NMFS and fishermen are doing a stand down. He added that it is a weekly count so everything is good now and everyone is working together. King Cove School Repairs Project Material: Chris B. asked whether the paneling removed from the school will be shipped out and whether that is an additional cost to the project. The Administrator said originally shipping was budgeted in, but we adjusted the budget down, and now will have to adjust the cost back up once we determine that shipping cost. Some of the better paneling will be placed in a container and the rest will be shipped out but have not received the estimate of that cost yet. Chris added that there is approximately 3 or 4 container vans worth of paneling. ASSEMBLY COMMENTS None PUBLIC COMMENTS None NEXT MEETING DATE Next meeting will be October 17. ADJOURNMENT Alvin moved to adjourn. There were no objections, meeting adjourned at 5:26pm. 2~" 11 L " ~ J 1, __-, Mayor ,7 Clerk / ((y Date In LEUT!ANSESI FA[S PASS KING COVE • SAND POINT [1 3154 WI (NI W 4i1iSJi V I[I1 I, IJL-,41i dnJ9I , certify that I have posted in at least two public places the attached document(sJ for the Aleutians East Borough. Document: September 7, 2016 Assembly Meeting Agenda Documents posted at: Location 1: &~i 'Cpcxt~ a Location #2: i4r-L- Date posted: eV/t ( Time sted: Signature Title Please return this notice by fax or e-mail to: Tina Anderson Aleutians East Borough Fax: 1-888-737-3524 or 907-383-3496 E-mail: tanderson(aeboro.org Phone: 1-888-383-2699 CLERK1PLANNER BOROUGH ADMINISTRATOR FINANCE DIRECTOR P.O. BOX 349 3350 C STREET, SUITE 205 P.O. BOX 49 SAND POINT, ALASKA 99661 ANCHORAGE, ALASKA 99503-3952 KING COVE, ALASKA 99612 (907) 3812699 (907) 214-7555 (907) 497-2588 (907) 383-3496 FAX (907) 276-7569 FAX (907) 497-2388 FAX e-mail: tanderson@aeboro.oJg e-mail: rgffoaeboro.cJ9 e-mailxromman@aebormorg LOCIA I IMI-V c4iTJ 9i certify that I have posted in at least two public places the attached document(s) for the Aleutians East Borough, Documeilt: September?, 2016 Asaewb1y Meeting Agenda Documents posted at: Location #i; Location #2: Date posted: /' Ii (... Tiposed:qr V.- Please return this notice by fax or e-mail to: Tina Anderson Aleutians East Borough Fax- 1888-737-3524 or 907-383-3496 E-mail: tandersonajgbpro.& Pbone: 1-888-383-2699 ÔIQLANNas ROROJGHINS1RAT(JR LANCE bC1OR P.O. BOX 349 am a EF1ET. SUITE 25 BANO POINT, ,AucA 99081 ANCHORAGE, A(kG95o3-8GZ M4GCO'IEJ ALASM 99812 (907)353-2690 j901)274555 (9O7)4972M$ (97)383-3491 FAX on 276-7$69 FAX (7)497-2S88 FAX e-mait twdawaaebortq a-aail: rIdom.o L41 33 WI i (sKI W 5) J ZI W 3I I, 0 L C,( V11. certify that I have posted in at least two public places the atached document(s) for the Aleutians East Borough. Document: September 7,2016 Assembly Meeting Agenda Documents posted at: Location #1: LE Location #2: PVC.... -oQiz. Date posted: \ I \ i Time posted: - Signature Title Please return this notice by fax or e-mail to: Tina Anderson Aleutians East Borough Fax: 1-888-737-3524 or 907-383-3496 E-mail: tanderson(iaeboroorg Phone: 1-888-383-2699 CLERKMANNER BOROUGH A1)MINISTPA70R FINANCE DIRECTOR P.O. BOX 349 3380 C STREET, SUITE 205 P.O. BOX 49 SAND POINT, ALASKA 99661 ANCHORAGE, ALASKA 905034952 KING COVE, ALASKA 89612 (907)383-2699 (907) 274-7555 (907)497.2998 (907) 383-3496 FAX (907) 276-7569 FAX (907)497.2386 FAX e-msil: a0om.0g e-maih d:mman@aa8eo0V9 Sep 02 2016 8:46PM HP Fax M MT I, f , certify that I have posted: in at [east two public places the attached document(s) for the Aleutians East Borough, Document: September 7, 2016 Assembly Meeting Agenda Documents posbdat Location1: + I-- Locatton#2:______________ Date posted: _______________ Time posted: ._3_0_ ir fY\ ('A?,fr 1'Ar/Cie,rk Signature Title Please return this notice by fax or e-mail to: Tina Anderson Aleutians East Borough Fax: 1-.888-737-3524 or 907.383-3496 E-mail: tandersonlaeboro.org Phone: 1-888-383-2699 LERK?1WER EO0uG14MlNI$TRA7 IKANCE DIRECTOR P.O. BOX U9 3390C STREET, &lJ15 P.O. am &POiNT,IA8KA 95961 NOMGEMBKA95503-3952 K&G CALSKA95612 (907) 214-7565 (907) 497-2588 (901) 353-3456 FAX ($07)218-7585FAX (907) 497-2388 FAX a-nt tandmwowbonwS va-mstn bon.c A15[ 'PASS - KIND COVE SAND POINT 1, e-41ha4-_Wceify that I have posted in at least two public places the attached documei4it(s) for the Aleutians East Borough. Document: September 7, 2016 Assembly Meeting Agenda Documents posted at: Location #1: cci5' (4I( Location 2: 00 Date posted: __________________ Time posted: 22 30r111 ci Signature Title Please return this notice by fax or e-mail to: Tina Anderson Aleutians East Borough Fax: 1-888-737-3524 or 907-383-3496 E-mail: twiderson(ñ)ieboro.org Phone: 1-888-383-2699 CLERKIPLANNER BOROUGH ADMINISTRATOR FINANCE DIRECTOR P.O. BOX 349 3390 C STREET, SUITE 205 P.O. BOX 49 SAND POINT, ALASKA 99661 ANCHORAGE, ALASKA 90503-3952 KING COVE, ALASKA 99612 007)383-2699 (907) 274-7555 (907) 497-2588 (907) 383-3496 FAX (907) 276-7569 FAX (907) 497-2385 FAX e-mail: landmaon@aeboco,otg a-melt rgiffordaebom,g e-maItmWmafl@8e1O(Oo9 wa 1fAq( I COlD EAt I NISON I AI.t VS KING COVE CERTIFICATE OF Li/LIt S (L CP\ , certify that I 11 ave posted in at least two public places the attached document(s) for the Aleutians East Borough. Document: September 7, 2016 Aqembly Meeting Agenda Documents posted at: Location #i: 'qu c Location #2 ?O3T O Date posted: i /L Time posted:, Signature Title Please return this notice by fax or e-mail to; Tina Anderson Alcutians East Borough Fax: 1 -888-737-3524 or 907 Email: andersonWaeboro.or Phone: 1-888-383-2699 CWX)PIJ%NNER BOROUGH AOMJM$TRATQR F1NANC ORTOR P.O. BOX 349 3330 C STREET. SUITE 205 P.O.aox 49 $ANO POINT, ALASKA 9661 ANCHORAGE, ALASKA KING COVE, ALASKA 99012 (907) 333.2399 (907)274-7555 (907) 497-2535 (OO1)3'3496 FAX 907)27-7569 FAX (907) 4r.2335 FAX e-niwT; )and bom.orQ 0-nmit tff,rdaebGco.ôg e-irwd:mewwan@aeborovfq