HomeMy WebLinkAbout2014-04-16 Council PacketAGENDA
KENAI CITY COUNCIL – REGULAR MEETING
APRIL 16, 2014
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.ci.kenai.ak.us
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will
be no separate discussion of these items unless a council member so
requests, in which case the item will be removed from the consent agenda
and considered in its normal sequence on the agenda as part of the General
Orders.
B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes
per speaker)
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty
(30) minutes aggregated)
1. Ordinance No. 2745-2014 – Accepting and Appropriating $4,693.06 in Asset
Forfeiture Sharing Funds Received for the City’s Participation with The
Alaska State Troopers, Alaska Bureau of Investigation - Statewide Drug
Enforcement Unit. .................................................................................................. Pg 5
2. Ordinance No. 2746-2014 – Appropriating Funds for the Purchase of a 2014
Ford Interceptor Sedan to Replace the Sedan Totaled During a Traffic Stop
on March 8, 2014 and Authorizing the Purchase through the State of Alaska
Equipment Fleet Contract. ..................................................................................... Pg 7
3. Ordinance No. 2749-2014 – Enacting KMC 11.05.100-No Wake Zones,
Authorizing the City Manager to Establish No Wake Zones in the Kenai
Harbor as Needed for Public Safety and/or to Protect Public and Private
Property. ................................................................................................................ Pg 11
4. Resolution No. 2014-24 – Approving City Council Policy 2014-01, Kenai
Council Travel Policy, Establishing Procedures for Approval of Council
Travel. ................................................................................................................... Pg 15
5. Resolution No. 2014-25 – Approving City Council Policy 2014-02, Kenai
Council Public Recognition Policy, Establishing Procedures for Council
Expenditure of Funds for Public Recognition. ........................................................ Pg 19
6. Resolution No. 2014-26 – Authorizing a Budget Transfer within the General
Fund – Non-Departmental and Streets Department. .............................................. Pg 23
7. Resolution No. 2014-27 – Awarding an Agreement for the South Spruce
Street and Third Avenue Outfall Sediment Control Structure Repair Design. ......... Pg 27
8. Resolution No. 2014-28 – Authorizing a Budget Transfer within the General
Fund – Shop Department. ...................................................................................... Pg 29
E. MINUTES
1. *Regular Meeting of April 2, 2014 ............................................................................ Pg 33
F. UNFINISHED BUSINESS – None.
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified ................................................................. Pg 43
2. *Action/Approval – Purchase Orders Exceeding $15,000 .................................... Pg 45
3. *Action/Approval – Consent to Assignment and Assignment of Lease of
Airport Reserve Lands from Kenai Hangar, LLC to Schilling Rentals, LLC for
Lot 11A, FBO Subdivision. ..................................................................................... Pg 47
4. *Ordinance 2750-2014 – Appropriating Funds that were Donated to the
Kenai Animal Shelter from Mt. View Elementary as a Result of a Penny Drive. ..... Pg 53
5. *Ordinance No. 2751-2014 – Increasing Estimated Revenues and
Appropriations by $25,000 in the Airport Fund and in the Airport Improvement
Capital Project Fund for the Security Camera Replacement Project. ..................... Pg 55
6. *Ordinance No. 2752-2014 – Reappropriating State Grant Funds in the
Municipal Roadway Improvements Capital Project Fund to the Senior Center
Improvement Capital Project Fund. ........................................................................ Pg 57
7. Action/Approval – Mayoral Nomination and Council Confirmation of
Appointing Branda Madrid to the Beautification Committee. .................................. Pg 61
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
City of Kenai Council Meeting Agenda Page 2 of 3
April 16, 2014
4. Library Commission
5. Parks and Recreation Commission
6. Planning and Zoning Commission
7. Beautification Committee
8. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION
1. Discussion – Performance of the City Manager which may be Considered a
Subject that Tends to Prejudice the Reputation and Character of the City
Manager, Provided the City Manager May Request a Public Discussion. [Alaska
Statutes 44.62.310 (c)(2)]
M. PENDING ITEMS
1. Ordinance No. 2747-2014 – Amending Kenai Municipal Code 1.15.040 -
Agenda, to Require Ordinances and Resolutions to be Sponsored by at Least
One Council Member. [Clerk’s Note: At its April 2nd meeting Council
postponed public hearing of this ordinance until the May 20th meeting.]
2. Ordinance No. 2748-2014 – Amending Kenai Municipal Code 1.90.020 -
Duties, to Provide that Boards, Commissions, and Committees Act in an
Advisory Capacity to Council. [Clerk’s Note: At its April 2nd meeting Council
postponed public hearing of this ordinance until the May 20th meeting.]
N. ADJOURNMENT
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INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review. ........................... Pg 79
2. City Manager’s Report on the Proposed VIP Drive Special Assessment District. ......... Pg 81
3. 5th Annual Meals on Wheels Pie Auction & Dinner, Friday, April 25th at 6:00 p.m. ....... Pg 97
The agenda and supporting documents are posted on the City’s website at
www.ci.kenai.ak.us . Copies of resolutions and ordinances are available at the City
Clerk’s Office or outside the Council Chamber prior to the meeting. For additional
information, please contact the City Clerk’s Office at 907-283-8231.
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April 16, 2014
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KENAI CITY COUNCIL – REGULAR MEETING
APRIL 2, 2014 – 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
MAYOR PAT PORTER, PRESIDING
MINUTES
A. CALL TO ORDER
A Regular Meeting of the Kenai City Council was held on March 19, 2014, in City Hall
Council Chambers, Kenai, AK. Mayor Porter called the meeting to order at 7:00 p.m.
1. Pledge of Allegiance
Mayor Porter led those assembled in the Pledge of Allegiance.
2. Roll Call
There were present:
Mayor Pat Porter Vice Mayor Ryan Marquis
Robert Molloy (telephonic) Brian Gabriel
Terry Bookey Tim Navarre
Mike Boyle
comprising a quorum of the Council.
Also in attendance were:
**Courtney Stroh, Student Representative
Rick Koch, City Manager
Scott Bloom, City Attorney
Corene Hall, Deputy City Clerk
3. Agenda Approval
Mayor Porter read the following additions and changes to the agenda:
ADD TO: Executive Session
• Discussion of City of Kenai Health Insurance
Renewal Rates, AS 44.65.310(C)(1)
ADD TO:
D-3: Resolution No, 2014-22
• Correspondence from American Center for
Law and Justice
• Correspondence from Americans United for
Separation of Church and State
Page 33 of 97
• Picture of the Veteran’s Memorial at Leif
Hansen Memorial Park
J-1 City Manager’s Report
• Beaver Loop Road Improvements &
Pathway Design
• City of Kenai Senate Resources Presentation
MOTION:
Council Member Bookey MOVED to approve the amended agenda including the
material the Mayor noted as lay down additions to the packet and requested
UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
4. Consent Agenda
Council Member Navarre requested removal of Ordinance No. 2747-2014 and
Ordinance No. 2748 from the consent agenda.
MOTION:
Vice Mayor Marquis MOVED to approve the consent agenda as amended and
requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion.
Mayor Porter opened the floor for public comment on consent agenda items, there being
no one wishing to speak, public comment was closed.
VOTE: There being no objections, SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will
be no separate discussion of these items unless a council member so
requests, in which case the item will be removed from the consent agenda
and considered in its normal sequence on the agenda as part of the General
Orders.
B. SCHEDULED PUBLIC COMMENTS
1. Fred Braun & Brendyn Shiflea – Kenai Chamber of Commerce and Visitors
Center Sign/Marquee Proposal.
Mr. Braun spoke regarding a proposed sign for placement at the Kenai Chamber of
Commerce and Visitors Center.
Council requested he work with Administration to bring it forward during the budget.
City of Kenai Council Meeting Minutes Page 2 of 10
April 2, 2014
Page 34 of 97
C. UNSCHEDULED PUBLIC COMMENTS
D. PUBLIC HEARINGS
1. Ordinance No. 2743-2014 – Amending KMC 14.20.290- Appeals-Board of
Adjustment, to Require Board Members to be Physically Present at Board of
Adjustment Hearings in Order to Participate in Rendering a Decision or
Voting on the Appeal.
MOTION:
Council Member Bookey MOVED to enact Ordinance No. 2743-2014, Amending KMC
14.20.290- Appeals-Board of Adjustment, to Require Board Members to be Physically
Present at Board of Adjustment Hearings in Order to Participate in Rendering a Decision
or Voting on the Appeal. Vice Mayor Marquis SECONDED the motion.
Mayor Porter opened the public hearing, there being no one wishing to speak the public
hearing was closed.
Council Members Molloy, Bookey, Gabriel and Navarre spoke in favor of the Ordinance.
VOTE ON MOTION:
YEA: Boyle, Bookey, Gabriel, Marquis, Molloy, Navarre
NAY: Porter
**Student Representative Stroh: YEA
MOTION PASSED.
2. Ordinance No. 2744-2014 – Enacting KMC 13.20.035-Camping, Fires and
Other Activities on City Beaches, to Delineate an Area on the South Beach
Where Camping, Fires and Parking is Not Permitted.
MOTION:
Council Member Navarre MOVED to enact Ordinance No. 2744-2014, Enacting KMC
13.20.035-Camping, Fires and Other Activities on City Beaches, to Delineate an Area on
the South Beach Where Camping, Fires and Parking is Not Permitted. Council Member
Gabriel SECONDED the motion.
Mayor Porter opened the public hearing, there being no one wishing to speak the public
hearing was closed.
MOTION TO AMEND:
Council Member Bookey MOVED to amend by inserting “the following is prohibited:”
after “other City interests” in section 13.20.035 subsection (a) and striking “is prohibited”
in section (a)(1). Vice Mayor Marquis SECONDED the motion and requested
UNANIMOUS CONSENT.
VOTE: There being no objections, SO ORDERED.
City of Kenai Council Meeting Minutes Page 3 of 10
April 2, 2014
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VOTE ON MAIN MOTION AS AMENDED:
YEA: Bookey, Gabriel, Marquis, Molloy, Navarre, Porter, Boyle
NAY:
**Student Representative Stroh: YEA
MOTION PASSED UNANIMOUSLY.
3. Resolution No. 2014-22 – Affirming its Support of the Veteran’s Memorial in
Leif Hansen Memorial Park.
MOTION:
Council Member Navarre MOVED to adopt Resolution No. 2014-22, Affirming its
Support of the Veteran’s Memorial in Leif Hansen Memorial Park. Council Member
Gabriel SECONDED the motion.
Mayor Porter opened the public hearing, there being no one wishing to speak the public
hearing was closed.
MOTION TO POSTPONE INDEFINITELY:
Council Member Boyle MOVED to postpone indefinitely and Vice Mayor Marquis
SECONDED the motion.
VOTE ON MOTION:
YEA: Marquis, Molloy, Boyle, Bookey
NAY: Gabriel, Navarre, Porter
**Student Representative Stroh: YEA
MOTION PASSED.
4. Resolution No. 2014-23 – Amending its Comprehensive Schedule of Rates,
Charges, and Fees to Incorporate Changes for the 2014 Personal Use
Fishery.
MOTION:
Vice Mayor Marquis MOVED to adopt Resolution No. 2014-23, Amending its
Comprehensive Schedule of Rates, Charges, and Fees to Incorporate Changes for the
2014 Personal Use Fishery. Council Member Bookey SECONDED the motion.
Mayor Porter opened the public hearing, there being no one wishing to speak the public
hearing was closed.
MOTION TO AMEND:
City of Kenai Council Meeting Minutes Page 4 of 10
April 2, 2014
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Council Member Boyle MOVED to amend the resolution by striking “Personal Use
Fishery Vehicle/ATV Drop-off or Pick -Up (30 minutes maximum) and “$10.00” from the
last line of the Parks and Recreation Fees. Vice Mayor Marquis SECONDED the
motion.
VOTE ON AMENDMENT:
YEA: Marquis, Molloy, Navarre, Boyle, Bookey
NAY: Porter, Gabriel
**Student Representative Stroh: YEA
AMENDMENT PASSED.
VOTE ON MAIN MOTION AS AMENDED:
YEA: Molloy, Navarre, Porter, Boyle, Bookey, Gabriel
NAY: Marquis
**Student Representative Stroh: YEA
MOTION PASSED.
E. MINUTES
1. *Regular Meeting of March 19, 2014
Approved by the consent agenda.
F. UNFINISHED BUSINESS – None.
G. NEW BUSINESS
1. *Action/Approval – Bills to be Ratified
Approved by the consent agenda.
2. *Action/Approval – Purchase Orders Exceeding $15,000
Approved by the consent agenda.
3. *Action/Approval – Approving City Manager FY2015 Compensation to
Include the Same Percentage Cost of Living Allowance Increase Provided to
City Employees, Effective July 1, 2014.
Approved by the consent agenda.
4. *Action/Approval – Approving City Attorney FY2015 Compensation to
Include the Same Percentage Cost of Living Allowance Increase Provided to
City Employees Plus a 3% Merit Increase, Effective July 1, 2014.
Approved by the consent agenda.
City of Kenai Council Meeting Minutes Page 5 of 10
April 2, 2014
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5. *Action/Approval – Approving City Clerk FY2015 Compensation to Include
the Same Percentage Cost of Living Allowance Increase Provided to City
Employees Plus a 2% Merit Increase, Effective July 1, 2014.
Approved by the consent agenda.
6. *Ordinance No. 2745-2014 – Accepting and Appropriating $4,693.06 in
Asset Forfeiture Sharing Funds Received for the City’s Participation with The
Alaska State Troopers, Alaska Bureau of Investigation - Statewide Drug
Enforcement Unit.
Ordinance was introduced by the consent agenda and scheduled for public hearing on
April 16, 2014.
7. *Ordinance No. 2746-2014 – Appropriating Funds for the Purchase of a
2014 Ford Interceptor Sedan to Replace the Sedan Totaled During a Traffic
Stop on March 8, 2014 and Authorizing the Purchase through the State of
Alaska Equipment Fleet Contract.
Ordinance was introduced by the consent agenda and scheduled for public hearing on
April 16, 2014.
8. Ordinance No. 2747-2014 – Amending Kenai Municipal Code 1.15.040 -
Agenda, to Require Ordinances and Resolutions to be Sponsored by at Least
One Council Member.
MOTION:
Council Member Navarre MOVED to introduce Ordinance No. 2747-2014, Amending
Kenai Municipal Code 1.15.040 - Agenda, to Require Ordinances and Resolutions to be
Sponsored by at Least One Council Member. Vice Mayor Marquis SECONDED the
motion.
MOTION TO POSTPONE:
Council Member Boyle MOVED to postpone the public hearing to the May 20th meeting
and requested UNANIMOUS CONSENT. Vice Mayor Marquis SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
9. Ordinance No. 2748-2014 – Amending Kenai Municipal Code 1.90.020 -
Duties, to Provide that Boards, Commissions, and Committees Act in an
Advisory Capacity to Council.
MOTION:
City of Kenai Council Meeting Minutes Page 6 of 10
April 2, 2014
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Vice Mayor Marquis MOVED to introduce Ordinance No. 2748-2014, Amending Kenai
Municipal Code 1.90.020 - Duties, to Provide that Boards, Commissions, and
Committees Act in an Advisory Capacity to Council. Council Member Bookey
SECONDED the motion.
MOTION TO POSTPONE:
Council Member Boyle MOVED to postpone the public hearing to the May 20th meeting.
Council Member Bookey SECONDED the motion and requested UNANIMOUS
CONSENT
VOTE: There being no objections, SO ORDERED.
10. *Ordinance No. 2749-2014 – Enacting KMC 11.05.100-No Wake Zones,
Authorizing the City Manager to Establish No Wake Zones in the Kenai
Harbor as Needed for Public Safety and/or to Protect Public and Private
Property.
Ordinance was introduced by the consent agenda and scheduled for public hearing on
April 16, 2014.
11. Action/Approval – Council Confirmation of Mayor’s Nomination to Appoint
Nate Kiel to the Planning and Zoning Commission.
MOTION:
Vice Mayor Marquis MOVED to confirm the Mayor’s nomination to appoint Nate Kiel to
the Planning and Zoning Commission and Council Member Gabriel SECONDED the
motion and requested UNANIMOUS CONSENT.
VOTE: There being no objections, SO ORDERED.
12. Action/Approval – Approving the City Manager’s Amended Employment
Agreement. [Clerk’s Note: Council may enter into executive session to further
discuss this matter pursuant to Alaska Statutes 44.62.310(C)(2)].
MOTION:
Vice Mayor Marquis MOVED to approve the City Manager’s Amended Employment
Agreement. Council Member Bookey SECONDED the motion.
MOTION TO AMEND:
Vice Mayor Marquis MOVED to amend the City Manager’s Employment Agreement by
subject to the terms that any future increases in compensation beginning in FY2016 will
be based solely at the discretion of the Council, including any merit increase, cost of
living increase or bonuses. Council Member Bookey SECONDED the motion and
requested UNANIMOUS CONSENT.
MOTION TO MOVE INTO EXECUTIVE SESSION:
City of Kenai Council Meeting Minutes Page 7 of 10
April 2, 2014
Page 39 of 97
Council Member Boyle MOVED to enter into Executive Session pursuant to Alaska
Statutes 44.62.310(C)(2) and requested the City Attorney attend. Vice Mayor Marquis
SECONDED the motion.
VOTE:
YEA: Navarre, Boyle, Bookey, Gabriel, Marquis, Molloy
NAY: Porter
MOTION PASSED.
BREAK: 9:01P.M.
BACK TO ORDER: 9:15P.M.
Vice Mayor Marquis reported the Council met in Executive Session and clarified the City
Manager’s Contract.
VOTE: There being no objections, SO ORDERED.
VOTE ON MAIN MOTION AS AMENDED:
YEA: Porter, Boyle, Bookey, Gabriel, Marquis, Navarre
NAY: Molloy
MOTION PASSED.
13. Action/Approval – Consent to Assignment of Lease for Lot 7, Block 5,
General Aviation Apron, Kenai Recording District from Jacqueline Ann
Swanson to Swanson Properties, LLC.
MOTION:
Council Member Bookey MOVED to approve the Consent to Assignment of Lease for
Lot 7, Block 5, General Aviation Apron, Kenai Recording District from Jacqueline Ann
Swanson to Swanson Properties, LLC. and requested UNANIMOUS CONSENT. Vice
Mayor Marquis SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
14. Action/Approval – Consent to Assignment of Lease for Lot 6, Block 5,
General Aviation Apron, Kenai Recording District from Jacqueline Ann
Swanson to Swanson Properties, LLC.
MOTION:
City of Kenai Council Meeting Minutes Page 8 of 10
April 2, 2014
Page 40 of 97
Council Member Bookey MOVED to approve the Consent to Assignment of Lease for
Lot 6, Block 5, General Aviation Apron, Kenai Recording District from Jacqueline Ann
Swanson to Swanson Properties, LLC. and requested UNANIMOUS CONSENT. Vice
Mayor Marquis SECONDED the motion.
VOTE: There being no objections, SO ORDERED.
15. Discussion – City Council Policy’s on Council Member Travel and Gifting.
General discussion occurred. Council requested the City Attorney bring back a
resolution to approve the policy.
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging – Vice Mayor Marquis reported the next meeting would be
April 10, 2014.
2. Airport Commission – Council Member Gabriel reported the next meeting
would be April 10, 2014.
3. Harbor Commission – Council Member Molloy reported the next meeting
would be April 7, 2014.
4. Library Commission – Council Member Boyle had no report.
5. Parks and Recreation Commission – Council Member Bookey reported the
next meeting would be April 3, 2014.
6. Planning and Zoning Commission – Mayor Porter reported the minutes
were in the packet.
7. Beautification Committee – Mayor Porter reported the next meeting would
be April 8, 2014.
8. Mini-Grant Steering Committee – Mayor Porter had no report.
I. REPORT OF THE MAYOR
Mayor Porter reported the following:
• Participated in the Respect March.
• Attended the Honors Pot Luck at Kenai Central High School.
• Requested pricing flags to be purchased for Alaska Day.
J. ADMINISTRATION REPORTS
1. City Manager – Koch reported he would check into the request to change the
one way street; and would meet with the Corps of Engineers regarding Bluff
issues.
2. City Attorney – Bloom had no report.
City of Kenai Council Meeting Minutes Page 9 of 10
April 2, 2014
Page 41 of 97
3. City Clerk – Hall had no report.
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments
2. Council Comments
Student Representative Stroh spoke about her recent visit to Italy.
Gabriel spoke about attending the Senate Resource Committee with the City Manager.
L. EXECUTIVE SESSION
MOTION:
Council Member Bookey MOVED to enter into Executive Session to Discuss the City of
Kenai Health Insurance Renewal Rates, Pursuant to AS 44.65.310 (C) (1). Council
Member Gabriel SECONDED the motion and requested UNANIMOUS CONSENT.
BREAK: 10:15 P.M.
BACK TO ORDER: 10:21 P.M.
Vice Mayor Marquis reported Council met in Executive Session and received an update.
M. PENDING ITEMS – None.
N. ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 10:21
p.m.
Minutes prepared and submitted by:
________________________________________
Corene Hall, CMC, Deputy City Clerk
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