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2013-08-08 Work Session Kodiak Island Borough Assembly Work Session Thursday, August 8, 2013, 7:30 p.m., Borough Conference Room Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda packet and seek or receive information from staff. Although additional items not listed on the work session agenda are discussed when introduced by the Mayor, Assembly, or staff, no formal action is taken at work sessions and items that require formal Assembly action are placed on regular Assembly meeting agenda.Citizen's comments at work sessions are NOT considered part of the official record. Citizen's comments intended for the"official record"should be made at a regular Assembly meeting. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) ITEMS FOR DISCUSSION 1. Subsistence Criteria — Pamela Bumsted, Environmental Project Manager, Sunaq Tribe 2. Meet With Borough Attorney Joe Levesque 3. Assembly Travel and Teleconferencing Code Sections Review PACKET REVIEW PUBLIC HEARING — None. UNFINISHED BUSINESS Resolution No. FY2014-07 Authorizing the Manager to Execute a Sole Source Agreement with Integrated Logic, LLC of Palmer, Alaska to Provide and Implement Kodiak High School Information Technology Network Equipment. NEW BUSINESS CONTRACTS Contract No. FY2014-12 To Provide Remote Sensing Services to Acquire Multispecteral Aerial Imagery on the Road System and, in Agreement with the Spruce Island Development Corporation (SIDCO), To Acquire Lidar of a Portion of Anton Larsen Bay. RESOLUTIONS *Resolution No. FY2014-10 Appointing a Member to the Kodiak Fisheries Development Association (Stosh Anderson). Resolution No. FY2014-11 Accepting the Recommendation of the Planning and Zoning Commission for Disposal, in the Short Term by License Agreement and in the Long Term by Lease or Conveyance of a 2.36 Acre Portion of the Kodiak Island Borough Landfill Tract (1203 Monashka Bay Road East) to the City of Kodiak for Fair Market Value to Temporarily Produce Class B Compost Until Approximately September 20, 2014. ORDINANCES FOR INTRODUCTION — None. OTHER ITEMS — None. MANAGER'S COMMENTS CLERK'S COMMENTS MAYOR'S COMMENTS ASSEMBLY MEMBERS COMMENTS i #i ?�: �, KODIAK ISLAND BOROUGH Rte, Office of the Manager wi6 -,, s,;,,,w Bud Cassidy, Borough Manager • !„� ti ' ~ MEMORANDUM DATE: August 6, 2013 TO: Mayor and Borough Assembly - FROM: Bud Cassidy, Borough Manager SUBJ: Work Session Item —August 8, 2013 work session Re: Classification of Kodiak as rural or non-rural for subsistence resource use The Federal Subsistence Board is reviewing the process to determine which communities on Kodiak are to be classified as rural vs non-rural for utilizing fish and game for subsistence. This effort is performed every 10 years. The have been past attempts to change the City of Kodiak's status from rural to non-rural. A change in Kodiak's classification has caused consternation in the past as folks living here have consistently argued to remain rural. Ms. Pamela Bumsted, Ph.D., Environmental Manager with the Sun'aq Tribe has been coordinating this effort with communities around the Borough and other organizations concerned with subsistence and will be discussing with the Assembly the process that the Federal Subsistence Board goes through in arriving at their recommendations. Criteria like population are not the sole characteristic that is reviewed. Other attributes of the community are also viewed. These include: • Use of fish and wildlife • Diversify the local economy • Community infrastructure • Education • Other more useful characteristics There is a Subsistence Advisory Board that represents the region. Local members include: • Mellissa Berns • Pat Holmes • Sam Rohrer • Tom Schwantes • Pete Squartsoff Comments are due to the Federal Subsistence Board by November 1, 3013. Nova Javier From: Lauri Whiddon Sent: Friday,July 26, 2013 10:23 AM To: Bud Cassidy; Nova Javier Subject: FW:subsistence criteria Attachments: Readings 2013_ANILCA Subsistence Determinations.pdf; SubsistenceCalendar2013july23.pdf Categories: Other Bud & Nova....forwarding to you per Bud's request. Lauri From: M Pamela Bumsted, Ph.D. (mailto:epm@sunaq.orr ] Sent: Friday, July 26, 2013 9:15 AM To: Lauri Whiddon Subject: subsistence criteria Attached is a references list and our current calendar of meetings(next one is 6 Aug, noon, at Sun'aq). I have copies of the basic reading materials available for folks to pick up at our offices. Aug 8 Borough work session may work just fine. I'll know better next week. My program is coordinating information, not only for Sun'aq Tribe of Kodiak but also for the revived(2006) Kodiak Archipelago Rural Round Table of individuals, governments, and organizations. We would very much like to communicate with other concerned Alaskans. The impetus for examining how communities are defined as rural came from the federal register notice of request for comments by the Secretaries of Interior and Agriculture, through the Office of Subsistence Management, about defining or redefining the criteria by which Alaska communities are determined nonrural. Comments are due before 1 November 2013 Federal Register/Vol. 77, No. 250/Monday, December 31, 2012/Notices , Subsistence Management Program for Public Lands in Alaska; Rural Determination Process(FWS—R7—SM-2012—N248;FXFR133 50700640-134—FF07J00000] http://www.apo.govildsys/pkg/FR-2012-12-31/htm1/2012-31359.htm press release http://alaska.fws.qov/asm/newsrel/r011413a.pdf Pam M. Pamela Bumsted, Ph.D. Environmental Project Manager Sun'aq Tribe of Kodiak 312 W. Marine Way Kodiak, AK 99615 Phone (907) 486-4449 Fax (907)-486-3361 E-Mail: epm @sunaq.org http://sunaq.org http://www.facebook.com/SunaqTribe http://sunagsealibrary.tumblr.com/Sun'aq Ecological Archives and Library (SEALibrary) https://www.facebook.com/AlutiigDancers Skype: SEALibrary-STK 2 2013 ANILCA Subsistence Determinations Contact: M. Pamela Bumsted,Ph.D. Environmental Project Manager Sun'aq Tribe of Kodiak 312 W. Marine Way Kodiak,AK 99615 Phone(907) 486-4449 Fax (907)-486-3361 E-Mail:epm @sunaq.org http://sunaq.org http://w-ww.facebook.com/SunaqTribe http://sunaqsealibrary.tumblr.com/ The Federal Subsistence Board,under their Secretaries of Agriculture and Interior,are requesting comments about the process they use to determine which Alaska communities are "rural"or"non- rural". http://www.gpo.gov/fdsys/pkg/FR-2012-12-31/html/2012-31359.htm This means who gets to use federal lands in Alaska for hunting, fishing, and gathering. Fed Register Notice 77(250) Dec 31, 2012 Rural Determination Process Only residents of areas identified as rural are eligible to participate in the Federal Subsistence Management Program on Federal public lands in Alaska. New criteria to determine "rural" and "non-rural" must be submitted before October 31,2013. The regulations themselves cannot be changed until after the criteria are determined.The guidelines or criteria stage is the important stage for our efforts to change the way subsistence operates on federal lands and to make sure we have access to our local resources. If we want certain types of information to be relevant to the determination of"rural" status then we need to make sure that type of data is in the comments on the process. These comments will be used by the Board to assist in making decisions regarding the scope and nature of possible changes to improve the rural determination process. We want to be sure that "improving the process" includes rural Alaska communities. The ad hoc rural subsistence roundtable meets regularly in the Sun'aq tribal offices conference room.The meetings are open and we would really like more folks to participate.The next meeting is 16 July 2013 at noon.You may attend by telephone or by Skype SEALibrary-STK E:\BIA subsistence\RuralRT\Readings 2013_ANILCA Subsistence Determinations.docx The final 96 Circuit Court decision about the Katie John subsistence rights lawsuit has just been released. The opinion and the background materials can be located here-- http://turtletalk.wordpress.com/2013/07/08/ninth-circuit-af firms-katie-john-subsistence-rights- ruling/and in our library. The opinion upholds it previous decisions. Which lands are subject to federal jurisdiction (subsistence use) has been upheld. The fact that notice-and-comment is the correct way to determine federal land policy is upheld. Only "rural" communities (Native and non-Native) have priority human use of federal lands for subsistence is determined. But how to determine who is rural is NOT decided yet. The decision is well worth reading carefully because it explains the background to subsistence in the law (ANILCA) and why the state of Alaska does not now regulate subsistence (hunting and fishing) on federal lands.Important for the rural criteria, the opinion points out that most land managers charged with determining "rural" are concerned with managing land, not demographics or cultures. The massive confusion over what is "rural" (not to mention "subsistence") extends to most Alaskans who think of"rural" as only off-road or"bush" communities. However,what is "rural" by some personal definition in Alaska (such as by commercial hunting and fishing operators) is actually designated as frontier or remote nationally. This is further evidence that we need to emphasize that "rural"is a federal or national issue, not subject to idiosyncratic perceptions of a few. As I read the Alaska National Interest Lands Conservation Act, the determination of"rural"underlies who has access to do certain activities. It seems to me that under ANILCA there are services which are restricted (designated for) to rural communities, much in the way that there are health services restricted to rural communities. The Census Bureau classifies as rural all territory outside of urban areas. See http://www.ers.usda.gov/datafiles/Rural Definitions/StateLevel Maps/AK.pdf According to the US Census criteria (2010), the entire state of Alaska (94-98%)is mapped as rural. The following are not rural: • Juneau (pop. 31,275), • Anchorage (pop. 291,826), • Ketchikan (pop. 13,477 + 8050 city), • Fairbanks(pop. 97,581) • Kenai Borough (pop. 55,400) E:\BIA subsistence\Rura1RT\Readings 2013_ANILCA Subsistence Determinations.docx The current Notice asks for comments on the following but their suggested alternatives don't seem "parallel" to me (don't really allow breaking open the discussion.) The Board has identified the following components in the process for review:Population thresholds, rural characteristics, aggregation of communities, timelines, and information sources. We describe these components below and include questions for public consideration and comment. Population thresholds. The Federal Subsistence Board currently uses several guidelines to determine whether a specific area of Alaska is rural. One guideline sets population thresholds. A community or area with a population below 2,500 will be considered rural A community or area with a population between 2,500 and 7,000 will be considered rural or nonrural, based on community characteristics and criteria used to group communities together. Communities with populations more than 7,000 will be considered nonrural, unless such communities possess significant characteristics of a rural nature.In 2008, the Board recommended to the Secretaries that the upper population threshold be changed to 11,000. The Secretaries have taken no action on this recommendation. (1)Are these population threshold guidelines useful for determining whether a specific area of Alaska is rural? (2)If they are not,please provide population size(s)to distinguish between rural and nonrural areas, and the reasons for the population size you believe more accurately reflects rural and nonrural areas in Alaska. Rural characteristics. The Board recognizes that population alone is not the only indicator of rural or nonrural status. Other characteristics the Board considers include, but are not limited to, the following: Use of fish and wildlife;development and diversity of the economy;community nfrastructure;transportation;and educational institutions. (3)Are these characteristics useful for determining whether a specific area of Alaska is rural? (4)If they are not please provide a list of characteristics that better define or enhance rural and nonrural status. Aggregation of communities. The Board recognizes that communities and areas of Alaska are connected in diverse ways. Communities that are economically, socially, and communally integrated are considered in the aggregate in determining rural and nonrural status. The aggregation criteria are as follows:Do 30 percent or more of the working people commute from one community to another;do they share a common high school attendance area; and are the communities in proximity and road-accessible to one another? (5)Are these aggregation criteria useful in determining rural and nonrural status? (6)If they are not,please provide a list of criteria that better specify how communities may be integrated economically, socially, and communally for the purposes of determining rural and nonrural status. Timelines. The Board reviews rural determinations on a 10 year cycle, and out of cycle in special circumstances. (7)Should the Board review rural determinations on a 10-year cycle?If so, why,-if not, why not? E:\BIA subsistence\RuralRT\Readings 2013_ANILCA Subsistence Determinations.docx Information sources. Current regulations state that population data from the most recent census conducted by the US Census Bureau, as updated by the Alaska Department of Labor, shall be utilized in the rural determination process. The information collected and the reports generated during the decennial census vary between each census;as such, data used during the Board's rural determination may vary. (8) These information sources as stated in regulations will continue to be the foundation of data used for rural determinations. Do you have any additional sources you think would be beneficial to use? (9)In addition to the preceding questions, do you have any additional comments on how to make the rural determination process more effective? E:\BIA subsistence\RuralRT\Readings 2013_ANILCA Subsistence Determinations.docx Additional references— My program is coordinating information, not only for Sun'aq Tribe of Kodiak but also for the revived(2006) Kodiak Archipelago Rural Round Table of individuals,governments, and organizations.We would very much like to communicate with other concerned Alaskans. These are basic references,especially the first four(marked with dash). Hart's paper finds about 33 definitions but only about 5 are now used. He will have references to the RUCA(rural urban commuting areas)and to the Office of Management and Budget(for micropolitan and metropolitan). The USDA report did not mention that in addition to Rural Development,Forest Service also has "geographic limitations that restrict eligibility in most cases to "rural areas". " —Frontier/Remote,Island,and Rural Literature Review,Gary Hart, PhD, Director&Professor,Center for Rural Health,School of Medicine and Health Sciences,University of North Dakota, Selected Frontier/Remote, Island, and Rural Literature Review,Hart,G.,Penultimate Version 2.99 Draft,August 2012 http://ruralhealth.und.edu/pdf/frontierreview.pdf —U.S.Department of Agriculture Rural Development REPORT ON THE DEFINITION OF"RURAL" http://www.rurdev.usda.gov/Reports/RD Ru ralDefin itionReportFeb 2013.pdf —Final rule for Subsistence Management (current, 2007) contained in the final rule document in the list below http://alaska.fws.gov/asm/issue.cfml Rural References Methods for Rural/Nonrural Determinations.Jan 2003 (562 KB) Decennial Review of Rural Determinations.July 2005 Report (902 KB) Decennial Review of Rural Determinations.Nov 2005 Report(1.1 MB) Decennial Review of Rural Determinations.June 2006 Report (1.7 MB) Decennial Review of Rural Determinations.Nov 2006 Report (584 KB) Final Rule and Requests for Reconsideration. Fall 2007(6.4 MB) Federal Subsistence Board Work Session on Rural Determination Process,April 2011 (746 KB) —ANILCA TITLE VIII-SUBSISTENCE MANAGEMENT AND USE FINDINGS http://alaska.fws.gov/asm/anilca/title08.html The impetus for examining how communities are defined as rural came from the federal register notice of request for comments by the Secretaries of Interior and Agriculture,through the Office of Subsistence Management, about defining or redefining the criteria by which Alaska communities are determined nonnural Comments are due before 1 November 2013 Federal Register/Vol. 77,No.250/Monday, December 31,2012/Notices,Subsistence Management Program for Public Lands in Alaska;Rural Determination Process[FWS-R7-SM-2012-N248;FXFR133 50700640-134-FF07J00000]http://www.gpo.gov/fdsys/pkg/FR-2012-12-31/html/2012-31359.htm press release http://alaska.fws.gov/asm/newsrel/r011413a.pdf E:\BIA subsistence\RuralRT\Readings 2013_ANILCA Subsistence Determinations.docx The webpage and the local advisory council, http://alaska.fws.gov/asm/racdetail.cfml?rac=03 Kodiak/Aleutians Subsistence Regional Advisory Council Current federal board, http://alaska.fws.gov/asm/board.cfml 2007 action requesting reconsideration of Decennial Review, http://alaska.fws.gov/asm/pdf/Waal/FinalRuleRFR2007.pdf http://alaskalws.gov/asm/pdf/rural/WorkSession2011.pdf http://www.gpo.gov/fdsys/pkg/FR-2012-11-05/htm1/2012-26938.htm Methodology for Designation of Frontier and Remote Areas AGENCY:Health Resources and Services Administration, HHS. ACTION: Request for public comment on methodology for designation of frontier and remote areas. SUMMARY: This notice announces a request for public comment on a methodology derived from the Frontier and Remote (FAR)system for designating U.S. frontier areas. This methodology was developed in a collaborative project between the Office of Rural Health Policy(ORHP) in the Health Resources and Services Administration (HRSA);and the Economic Research Service (ERS) in the U.S. Department of Agriculture (USDA).While other agencies of the Department of Health and Human Services(HHS) and the ERS may in the future choose to use the FAR methodology to demarcate the frontier areas of the U.S.,there is no requirement that they do so,and they may choose other,alternate methodologies and definitions that best suit their program requirements. DATES:The public is encouraged to submit written comments on the proposed FAR methodology no later than January 4,2013. All public comments received will be available for public inspection at HRSA's ORHP on weekdays between 8:30 a.m. and 5:00 p.m. https://depts.washington.edu/uwruca/ruca-references.php References and Links The following publications provide general descriptions of many rural taxonomies,their importance, geographic analysis, and their policy relevance Rural Assistance center,http://www.raconline.org/maps/state details.php?state=AK Maps by State: Alaska There may be more maps in RAC's collection related to Alaska that are not listed here.These can be located with an advanced search. http://www.frontierus.org/index.php The National Center for Frontier Communities(NCFC) is the only national organization dedicated to the smallest and most geographically isolated communities in the United States-the Frontier. E:\BIA subsistence\Rura1RT\Readings 2013_ANILCA Subsistence Determinations.docx Prepared by M Pamela Bumsted 7/23/2013 Page 1 2013 Federal Subsistence Regional Council Board,Anchorage meets in Kodiak JANUARY FEBRUARY MARCH APRIL S M T W T F S S M T W T F S S M T W T F S S M T W T F S 30 31 1 3 4 5 27 28 29 30 31 1 2 24 25 26 2 ' 28 1 22 March 1 2 3 4 5 6 1,Rural RT at 6 7 8 10 11 12 3 4 5 6 7 8 9 3 4 5 6 7 8 9 Sun'aq, noon 8 9 10 11 12 13 13 14 15 16 17 18 19 10 11 12 13 14 15 16 10 11 12 13 14 15 16 15 16 17 18 19 20 20 21 22 23 24 25 26 17 18 19 20 21 22 23 17 18 19 20 21 22 23 21 22 23 24 25 26 27 27 28 29 30 31 2 24 25 26 27 28 1 2 24 25L 26]E1 28 29 30 29 March comments 1 2 3 4 due FWS 2014-2016 3 4 5 6 6 9 3 a 7 0 7 o 5 31 1 2 3 4 5 6 hunt-trap regs 3 9 10 11 MAY JUNE JULY AUGUST 25 Sept deadline T F S S M T W T F S S M T W T F S S M T Joint Board Fish& 6 uly and 23 July RuraIRT: noon 1 J Game comments 1 2 3 4 25 23 79 30 32 1 30 1 2 28 29 30 /at Sun'aq, 6 Aug 16 ul T at Surf aq, ► 5 6 7 I8 9 10 11 2 3 4 5 6 7 8 7 8 91 noon 4 5 6 i a y 1 24 Sept. ` 15 16 17 18 9 10 11 12 13 14 15 14 15 16 / 18 19 20 11 12 13 14 15 16 17 Regional 22 23 24 25 Kodiak Community 20 21 22 21 22 2 ' 24 25 26 27 18 19 20 Advisory situralRT: noon at Council evening of 11 Sept, 4 9 30 31 1 27 28 29 28 29 30 31 1 2 3 25 26 27 Sun'aq, 27 Aug. Last meets Cold prep meeting,Sun'aq, Bay or most 3 6 7 r RRT wants community 4 5 6 4 5 6 7 "c 9 10 1 2 3 chance to nail diown y to be prepared agendas for likely Kodiak community, island- EPTE :ER OCTOBER NOVEMBER wide,and RAC M 7 Nk T F S S M T W T F S S M T W T F S S M T W T F S 1 2 4i 5 7 '0 30 1 2 3 4 5 27 28 29 30 31 1 2 1 2 3 4 5 6 7 I Island-wide tribal 8 9 1 111f 12I govt RRT: 12 Sept, 7 8 9 10 11 12 1 4 s , 6 7 8 9 8 9 10 11 12 13 14 Sun'aq **** 31 Oct***** 15 16 17 18 19 14 15 16 17 18 Comments due on 13 14 15 16 15 16 17 18 19 20 21 22 23�24� 251 26 27 28 20 21 22 23 24 26 Rural Determination 20 21 22 23 22 23 24 25 26 27 28 Process no later than 29 30 1 2 3 4 5 27 28 29 30 31 1 2 Nov 01* 27 28 29 30 29 30 31 1 2 3 4 6 7 8 9 10 11 72 3 4 5 6 7 3 9 i c D 4 5 6 7 5 6 7 3 9 10 11 Subsistence Rural Criteria Sun'aq tribal offices 312 W Marine Way, Kodiak 99615 epm(asunaq.org 907-486-4449 tern#Gig Chapter 2.65- BOROUGH ATTORNEY Sections: 2.65.010 Borough attorney. 2.65.020 Procedure for appointment. 2.65.030 Service and removal. 2.65.010 Borough attorney. Because the borough may sue and be sued and may enter into legal agreements, the assembly may retain legal counsel to act on the borough's behalf and to be recognized as the attorney. 2.65.020 Procedure for appointment The assembly shall appointthe attorney by resolution. 2.65.030 Service and removal. The attorney shall serve at the pleasure of the assembly and may be removed by order of the assembly. Chapter 2.30 - RULES OF THE ASSEMBLY, SECTION 2.30.070(I) Request for Ordinances or Legal Opinions. Any member of the assembly may request the manager or clerk to have prepared proposed ordinances with such ordinances to be placed on the agenda of the next scheduled assembly meeting, provided the ordinance can be drafted and distributed to members of the assembly in accordance with time schedules set forth in subsection B of this section. During a work session or a meeting, any two or more members of the assembly may request written legal opinions, relating to borough business, from the attorney through the manager's or the clerk's office. Upon receipt of assembly-requested proposed ordinance or written legal opinion, the clerk shall forthwith cause to have distributed the subject ordinance or written legal opinion to all assembly members so that all members may be fully informed of the status of borough affairs. ASSEMBLY OPERATING MANUAL -Assembly Relation with Borough Attorney Because the Borough may sue and be sued and may enter into legal agreements, the Assembly may retain legal counsel to act on the Borough's behalf and to be recognized as the attorney. The Assembly appoints the attorney by resolution. The Attorney serves at the pleasure of the Borough Assembly and may be removed by order of the Assembly. Any member of the Assembly may request the Manager or Clerk to have prepared proposed ordinances with such ordinances to be placed on the agenda of the next scheduled assembly meeting. During a work session or a meeting, any two or more members of the Assembly may request written legal opinions, relating to borough business, from the Attorney through the Manager's or the Clerk's office. IS 4 3 ` TM R Kodiak Island Borough ,'. Office of the Borough Clerk `qs � 710 Mill Bay Road ,t-' Kodiak, Alaska 99615 k!, t C Phone (907) 486-9310 Fax (907) 486-9391 DATE: 01/30/2010 MEMO TO: KIB Assembly FROM: Nova M. Javier, MMC, Borough Clerk RE: Review of Assembly Travel and Teleconf ncing Code Sections I am receiving inquiries if the Borough will reimburse travel expenses of a person who is voted in as an elected official and must travel from the outlying cities/villages. Finance Director Short noted that historically the Borough reimbursed such travel expenses. I also checked with other municipalities and most of them reimburse the travel expenses i.e. airfare, hotels, and per diem. Existing KIBC sections 2.20.070 and 2.30.100 address annual, routinely scheduled travel of the Mayor and Assembly. You may want to consider adding code sections that specifically address travel reimbursement for attending Assembly meetings for those from the outlying cities/villages. Please address the following: • Air travel reimbursement • Hotel/Accommodation • Car rental/cab transportation • Per diem At the Assembly's direction, I will be happy to draft an ordinance to amend the existing travel codes. At a later time, the Assembly may also want to revisit KIBC 2.30.020 which restricts attendance of assembly members in person and may not be by teleconference, except for work sessions and emergency meetings. Attached are the existing Borough Code sections and code sections/comments from other municipalities. KODIAK ISLAND BOROUGH 2.30.100 (F) Travel. 1. Assembly members while traveling overnight on official business will be advanced or reimbursed per diem at the rate and under such conditions as are prescribed for other appointed officers and employees of the borough. 2. Travel shall be at the most economical fare possible. 3. Travel requests to the clerk shall be submitted timely to avoid unnecessary staff overtime. 4. Once travel arrangements are accepted and confirmed by the assembly member, and tickets are purchased, any changes and additional fees shall be the assembly member's responsibility except: a. When travel arrangements are changed for borough business; or b. When travel arrangements are changed for a family-related emergency. i. Interim financial assistance may be provided by the borough; however, reimbursement of the assistance shall be subject to assembly approval. c. If travel arrangements are changed for personal reasons, other than a family- related emergency, additional fees shall not be reimbursed. 5. An assembly member traveling on borough business who is stranded from Kodiak due to inclement weather or other adverse conditions will be reimbursed the appropriate per diem and any reasonable necessary expenses incurred. a. If an assembly member shortens or extends their originally scheduled travel time in any way for borough business and becomes stranded, reimbursement of the appropriate per diem and any reasonable necessary expenses incurred shall be subject to assembly approval. b. If an assembly member shortens or extends their originally scheduled travel time in any way for personal reasons and becomes stranded, expenses will not be reimbursed. 6. For travel other than annual routinely scheduled conferences or meetings, assembly members shall bring any travel requests, prior to travel, to a regular assembly meeting or work session for concurrence of the assembly, stating the date, place, length of travel, projected cost, and purpose of the trip. If there is no regular assembly meeting or work session before the planned trip, the assembly member shall request the clerk to poll the entire assembly for approval by a majority of the assembly. a. Following completion of travel, the assembly member shall give an oral report, stating accomplishments and knowledge gained from the trip as well as the actual expenses of the trip. 2.30.020 (B) Quorum. Quorum. Four members of the assembly shall constitute a quorum. Attendance of assembly members shall be in person and may not be by teleconference, except for work sessions and emergency meetings. In the event of an emergency meeting, the provisions set in AS 44.62.310 shall be followed. NORTHWEST ARCTIC BOROUGH 2.04.040 Compensation and per diem of assembly members. A. Each member of the assembly shall receive compensation at the rate of $250.00 for each meeting day of the assembly attended, including any meetings of a committee or subcommittee established under NABC 2.04.070. Compensation shall be paid at the rate of$150.00 for each day of attendance at a convention, conference or similar gathering. B. Each member of the assembly shall receive per diem for each day or part of a day the assembly member is away from his/her village of residence to attend to borough business. The per diem shall be at a rate which is adjusted and set according to budget amendments. C. The assembly shall invite the Regional Elders Council to send an ex officio representative to meetings of the assembly. The representative of the Regional Elders Council shall receive compensation for each meeting day of the assembly attended. The rate of compensation shall be the same as that set in subsection (A) of this section. In addition, the representative of the Regional Elders Council shall receive per diem for each day or part of a day the representative is away from his/her village of residence to attend a meeting of the assembly. The per diem rate shall be the same as that set in subsection (B) of this section. D. On or after July 1st of each year, the assembly shall appoint two youth representatives on the assembly as advisory seats. The two youth representatives shall be nonvoting members whose primary role shall include providing recommendations and support to assembly members. The mayor may nominate one or more youth for the assembly to consider for the two appointments on an annual basis with a term ending June 30th of each calendar year. No youth representative may serve more than a single one-year term. The position shall be open to all Northwest Arctic Borough residents between the ages of 16 and 21 years of age. Nominations shall be made by submission of letters of interest to the mayor. The rate of compensation shall be $100.00 per meeting attended. In addition, the youth representative shall receive per diem for each day or part of a day the representative is away from his/her village of residence to attend a meeting of the assembly. The per diem rate shall be the same as that set in subsection (B) of this section. LAKE AND PEN BOROUGH 2.04.040 Compensation of assembly members. Each member of the assembly shall receive compensation at the rate of$100.00 for each meeting day of the assembly attended, including board of equalization meetings attended. Per diem and reimbursement of travel expenses are not considered compensation. KENAI PENINSULA BOROUGH 22.30.110. Compensation—Allowances—Benefits—Waiver. A. Assembly members shall receive a monthly allowance of $400.00 per month, except the assembly president, who shall receive an allowance in the amount of $500.00 per month. B. [Reserved.] C. Assembly members shall be provided with health and life insurance benefits on the same level and basis as provided for borough department heads. D. An Internet access allowance of $25.00 per month is hereby authorized for each assembly member. E. An assembly member may elect to forego any allowance, benefit or reimbursement for expenses upon notice to the clerk. 22.30.130. Compensation—Extra. A. For travel involved in attending scheduled meetings of the assembly or assembly committees, assembly members shall receive reimbursement for per diem and travel expenses on the same basis as borough employees except as otherwise provided in this chapter. B. Assembly members from Districts 1, 2, 3, 4, 5, and 7 shall receive an allowance of $150.00 per month, and assembly members from Districts 6, 8, and 9 shall receive an allowance of$250.00 per month for use of the personal automobile on borough business, and shall be reimbursed for mileage based on the current Internal Revenue Service mileage rate for attendance at assembly meetings, scheduled committee meetings and other trips authorized by the assembly president. BRISTOL BAY BOROUGH • Assembly Members get $20.00 per month whether they attend the meeting/meetings or not. • $20.00 for every meeting they attend within the Borough • $30.00 for every meeting they attend outside of the Borough • An Assemblyman who lives across the river and has to fly over and that cost is absorbed by the Borough. If he can't get home after because it's too late/dark, the Borough pays for his hotel for the night as well. • If attending meetings in Juneau or D.C. or the Expo, AML etc., Assembly members are paid per diem and the Borough pays for their travel and lodging on top of their stipend(s). CITY OF SITKA • Assemblymembers $200 day, plus $61 day, plus hotel and cover travel (air)when they are on city business. (This in itself has become pretty costly for Sitka.) • We do not reimburse assemblymembers for travel expenses to and from meetings gas for their cars or boats for example. I think doing so might open up Pandora's Box for Kodiak to cover these expenses and it could become extremely costly. So at the very least I think whether or not you would pay an elected official for travel to and from meetings and host them while in Kodiak should be an assembly decision if not a voter's decision. CITY OF KENAI • For travel and hotel, the City of Ketchikan reimburses actual costs (excluding hotel movies and other incidentals such as room service). For meals, the City provides per diem of$60/day, or the federal per diem rate, whichever is less. • Clerk's note: It might be much more cost effective in both the short- and long-term to change your code to provide for attendance by teleconference. This would save literally years of cost of reimbursing for hotel and flight travel. ALEUTIANS EAST BOROUGH 2.04.040 Compensation of Assembly Members. Each member of the assembly shall receive a meeting fee of two hundred dollars for each meeting day of the assembly attended, including board of equalization meetings attended. The meeting fee shall be paid monthly and shall be subject to all taxes and withholdings, including deductions for the Public Employee's Retirement System (PERS), if applicable. 2.08.010 Regular Assembly Meetings. A. All regular meetings of the assembly shall be held on the second Thursday of each month at 3:00 p.m, B. The regular place of assembly meetings shall be at the borough office at Sand Point, Alaska. In order to give the public a greater opportunity to attend and participate in meetings of the borough assembly, the assembly may hold regular and special meetings in public locations throughout the borough other than at the regular meeting place. When the assembly determines to hold a meeting at a date, time or place other than the regular place, the clerk shall give notice of such meeting. The notice shall either be published in a newspaper or general circulation within the borough at least three days prior to the scheduled meeting or shall be posted in at least one public place in each city and major community within the borough at least three days prior to the scheduled meeting. C. All meetings of the assembly, including work sessions and committee meetings, shall be public meetings. The public shall have reasonable opportunity to be heard at regular and special meetings of the assembly. D. AudioNideo Conferencing: Attendance and participation of members of the assembly at assembly meetings may be by teleconference or video conference in public locations established within the Borough or in the Borough's Anchorage office. The public shall be given notice of teleconference or video conference locations and all materials that are to be considered at the meeting shall be made available at the locations if practicable. E. Telephonic participation by assembly members is not authorized during assembly meetings when an assembly member is physically absent from the Aleutians East Borough or unable to attend at the Borough's Anchorage office or is physically incapacitated except when a quorum is necessary to conduct business or an emergency meetings is necessary. ALEUTIANS EAST BOROUGH Travel & Per Diem Policy Borough Travel The Borough will pay for the cost of travel for all elected officials, appointed officials and employees who must travel on Borough business. 1. The cost of travel is the cost of airplane tickets and approved charters of airplanes or vessels by the Mayor or the Administrator in the Mayor's absence. 2. Travel should begin at the day closest to the time of the meeting, conference, etc. that the person is attending. 3. The Borough will not pay for the cost of travel of any elected official, appointed official or employee who must travel from outside of the Borough to the Borough for meetings or to return to a work site inside of the Borough if travel did not begin within the Borough. For those employees stationed at work sites outside of the Borough, travel will be paid from the work site to the Borough and back to the work site. There is established the following per diem schedule for all elected officials, appointed officials and employees of the Aleutians East Borough who are required to travel on the behalf of the Borough: Travel within the Borough$200 per day Travel outside of the Borough $200 per day Travel to Washington, D.C. $250 per day 1. Per diem is intended to cover the cost of lodging, meals and incidental expenses. 2. Per diem begins the first night a person is away from home and ends the night before the person returns home. 3. The Mayor or Administrator should approve car rental and other expenses, necessary for the completion of the Borough's business, in advance. In those rare cases where the Mayor or the Administrator is unavailable to authorize these expenses in advance, they may be applied for reimbursement after the fact. However, there is no guarantee that these expenses will be reimbursed. 4. In the event that the hotel is charged to a Borough credit card or account, the meal allowance is $45 per day unless the traveler is in Washington, D.C. where the meal allowance is $55 per day. During periods of prolonged travel, either inside or outside of the Borough, the Mayor or the Administrator in the absence of the Mayor, may find it in the best financial interest of the Borough to waive per diem and provide other arrangements such as a room and board, actual expenses, etc. Resident Travel There are times when it is in the best interest of the Borough for residents to attend meetings that are related to the well being of the Borough and its residents. Illustrative examples are meetings of the Board of Fisheries, the North Pacific Fisheries Management Council, Pacific Halibut Commission, etc. 1. The mayor will determine which meetings require resident attendance and which residents will be sent at the Borough's expense. The Mayor will make every attempt to equitably distribute the opportunity to attend the meetings amongst residents and their communities. 2. The Borough will pay the cost of travel from the Borough to the meetings and back to the Borough. The Borough will pay per diem at the same rate as for elected and appointed officials. 3. In order to maximize resident participation, the Borough will only pay travel costs and per diem for one member per household per meeting. 4. Residents requesting travel and/or per diem to attend a meeting must do so prior to the meeting beginning. 5. The Mayor is authorized to stipulate that residents traveling at the Borough's expense must actively participate in the meetings. This will take the form of daily attendance at the meetings, testifying during the course of the meetings or prohibitions against deal making at meetings. All stipulations must be established in advance of the travel in writing. Failure to abide by the Mayor's stipulations will result in the forfeiture of future Borough travel and may require the repayment of funds advanced by the Borough. In order to maximize the participation of residents at these meetings, the Borough may agree to cost share the expenses with other organizations. For example, a village corporation may pay the cost of travel while the Borough pays the per diem. The Borough will not pay per diem to anyone already receiving per diem under a cost sharing agreement. KODIAK ISLAND BOROUGH WORK SESSION Work Session of: (1 , . , Please PRINT your name Please PRINT your name go. -\\'‘ <'‘.'\// Atk eoA F12-141 Gger-e, ACKL-W -aro CID3-5 itt leQ Le V is u 02 CO N. Oar )! d and ISU=e-`); L1/40,=Lt , Sc- Lica Pertroe':t xtw if Rural Determination Process ��..dd�� 4MENT OR lti USDA Ps�tlll/r Federal Subsistence Board U.S Fish and Wildlife Service News Release Bureau of Land Management Forest Service National Park Service Bureau of Indian Affairs For Immediate Release: Contact: January 14, 2013 Andrea Medeiros (907) 786-3674 or(800) 478-1456 andrea_medeiros@fws.gov Federal Subsistence Board Seeks Comments on Rural Determinations Process The Federal Subsistence Board (Board) is seeking comments on the process used to determine which Alaska communities are rural for purposes of the Federal Subsistence Program. A notice requesting comment by November 1, 2013 was published in the Federal Register(FWS—R7- SM-2012—N248) on December 31, 2012. The Alaska National Interest Lands Conservation Act (ANILCA)mandates that rural Alaskans 0 be given a priority for subsistence uses of fish and wildlife on Federal public lands. The Board conducts a periodic review of rural determinations. Only communities or areas that are found to be rural are eligible for the subsistence priority under ANILCA. Following a Secretarial review of the Federal Subsistence Management Program, the Secretaries of the Departments of the Interior and Agriculture tasked the Board to review the rural determination process and recommend changes. The Board has identified the following components of the rural determinations process to be a part of this review: population thresholds, rural characteristics, aggregation of communities, timelines, and information sources. Descriptions of these components and associated questions for public consideration and comment are provided below. Comments will be used by the Board to assist in making decisions regarding the scope and nature of possible changes to improve the rural determination process. Population thresholds. A community or area with a population below 2,500 will be considered rural. A community or area with a population between 2,500 and 7,000 will be considered rural or nonrural, based on community characteristics and criteria used to group communities together. Communities with populations more than 7,000 will be considered nonrural, unless such communities possess significant characteristics of a rural nature. 1. Are these population threshold guidelines useful for determining whether a specific area of Alaska is rural? 2. If they are not, please provide population size(s) to distinguish between rural and nonrural areas, and the reasons for the population size you believe more accurately 0 reflects rural and nonrural areas in Alaska. 30 --- Subsistence Regional Ac/i isorp Council Meeting -- Rural Determination Process ' Rural characteristics. The Board recognizes that population alone is not the only indicator of rural or nonrural status. Other characteristics the Board considers include,but are not limited to, the following: Use of fish and wildlife; development and diversity of the economy; community infrastructure; transportation; and educational institutions. 3. Are these characteristics useful for determining whether a specific area of Alaska is rural? 4. If they are not, please provide a list of characteristics that better define or enhance rural and nonrural status. Aggregation of communities. The Board recognizes that communities and areas of Alaska are connected in diverse ways. Communities that are economically, socially, and communally integrated are considered in the aggregate in determining rural and nonrural status. The aggregation criteria are: 1) Do 30 percent or more of the working people commute from one community to another? 2) Do they share a common high school attendance area? and 3) Are the communities in proximity and road-accessible to one another? 5. Are these aggregation criteria useful in determining rural and nonrural status? 6. If they are not,please provide a list of criteria that better specify how communities may be integrated economically, socially, and communally for the purposes of determining rural and nonrural status. Timelines. The Board reviews rural determinations on a 10-year cycle, and out of cycle in special circumstances. 7. Should the Board review rural determinations on a 10-year cycle? If so, why? If not, why not? Information sources. Current regulations state that population data from the most recent census conducted by the U.S. Census Bureau, as updated by the Alaska Department of Labor, shall be utilized in the rural determination process. The information collected and the reports generated during the decennial census vary between each census; as such, data used during the Board's rural determination may vary. These information sources as stated in regulations will continue to be the foundation of data used for rural determinations. 8. Do you have any additional sources you think would be beneficial to use? 9. In addition to the preceding questions, do you have any additional comments on how to make the rural determination process more effective? Submit written comments by one of the following methods: Mail: Federal Subsistence Board Office of Subsistence Management— Attn: Theo Matuskowitz 1011 East Tudor Road, MS-121 Anchorage, AK 99503 E-mail: subsistence(a,fws.gov Hand delivery to Designated Federal Official at any Federal Subsistence Regional Advisory Council meeting. See the Meetings and Deadlines page of the Federal 0 Subsistence Regional Advisory Council Meeting 31 Rural Determination Process Subsistence Management Program's website, http://alaska.fws.gov/asm/deadline.cfml, for dates and locations of Council meetings. You also may call the Office of Subsistence Management at 800-478-1456 or email subsistence @fws.gov with your questions. Information on the Federal Subsistence Management Program can be found at http://alaska.fws.gov/astn/index.cfml. 0 32 Subsistence Regional Advisory Council Meeting — Prepared by M Pamela Bumsted 8/8/2013 Page 1 Federal 2013 . Subsist_ _ Regieual-COUREil Beardr JANUARY FEBRUARY MARCH APRIL S M T W T F S S M T W T FS S M T W/ T F S S M T W T FS 1 2 3 4 5 1 2 / 1 2/22 March 1 2 3 4 5 6 W Rural RT a' 6 7 8 9 10 11 12 3 4 5 6 7 8 9 3 4 5 /6 7 8 9 Rem 8 9 10 11 12 13 13 14 15I 16 17 18 19 10 11 12 13 14 15 16 10 11 12 ;13 14 15/16 15 16 17 18 19 20 20 21 22 23 24 25 26 17 18 19 20 21 22 23 17 18 19 /20 21 22 23 21 22 23 24 25 26 27 27 28 29 30 31 24 25 26 27 28 24 25 26 28 29 30 20 March comments 31 hunt trap reg. y, See MAY JUNE JULY -deaf) AUGUST S M T T FS S M T W T FS S M T W T F S at Sun'aq, 6 Aug N T FS 16 l aril l'] l 1 2 3 4 1 1 2 1 2 3 5 6/ 8 9 10 11 /225 Sept deadline 6 7 8 7 8 91 - 4 5 6 7 8 9 10 Joint Board Fish & 12 13 14 15 16 17 18 4 3 14 15 14 15 16 17 18 19 20 11 12 13 .14 15 16 17 Kodiak Community Game comments . ?3 24 25 // 16 0 21 22 21 22 2 24 25 26 27 . 18 19 20 evening of 11 Sept, lkRuraIRT: noon at prep meeting, Sun'aq, 0 ` 24 25 m 7 28 29 28 29 30 31 25 26 27 Sun'aq, 27 Aug. Last RRT wants community Island-wide tribal chance to nail diown to be prepared govt RRT: 12 Sept, agendas for ISun'aq community, island- SE/PTEMBy 'Tribal Consultation 11 Sept, 9:30 AM NOVEMBER°----_-__ wide, and RAC 1-888-455-5897 Pass-code is 3344290 S M T WI S S M T W T FS �4I T W T FS 1 2 3 . 6 7 1 2 3 4 5 1 2 1 2 Criteria considered: 8 • 9 ' 10133 E' 13 14 6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 1 The Federal **** 31 Oct***** Subsistence Board will 15,..-16 ' lJ-, '18 19 20; 21 ; 13 -14 15 16 ' 17 - 18 Comments due on 13 14 15 16 15 16 1 meet April 15-17, 22 "23 6 °0 21 22 23 24 26 Rural Determination 20 21 22 23 22 23 2 2014 in Anchorage. 24 25 Sept Process no later than 79 in Regional Advisory 7 28 29 30 Nov 01* 27 28 29 30 2.9 30 3 Kodiak potluck for ' Council meets in RAC, Sun'aq tribal hall, Kodiak. 24 Sept, 23 Sept evening hearing on Subsistencer criteria Sun'aq tribal offices 312 W Marine Way. Kodiak 99615 epm©sunaq.org 907-486-4449 REGULATIONS GOVERNING THE RURAL DETERMINATION PROCESS 50 CFR 100. and 36 CFR 242. § .15 Rural determination process. (a) The Board shall determine if an area or community in Alaska is rural. In determining whether a specific area of Alaska is rural, the Board shall use the following guidelines: (1) A community or area with a population of 2500 or less shall be deemed to be rural unless such a community or area possesses significant characteristics of a non-rural nature, or is considered to be socially and economically a part of an urbanized area. (2) Communities or areas with populations above 2500 but not more than '7000 I will be determined to be rural or non-rural. (3) A community with a population of more than 7000 shall be presumed non- . rural, unless such a community or area possesses significant characteristics ofa rural nature. (4) Population data from the most recent census conducted by the United States Bureau of Census as updated by the Alaska Department of Labor shall be utilized in this process. (5) Community or area characteristics shall be considered in evaluating a community's rural or non-rural status. The}characteristics may include, but are not limited to: (i) Use of fish and wildlife; (ii) Development and diversity of the economy; (iii) Community infrastructure; (iv) Transportation; and (v) Educational institutions. (6) Communities or areas which are economically, socially and communally integrated shall be considered in the aggregate. (b) The Board shall periodically review rural determinations. Rural determinations shall be reviewed on a ten year cycle, commencing with the publication of the year 2000 U.S. census. Rural determinations may be reviewed out-of-cycle in special circumstances. Once the Board makes a determination that a community has changed from rural to non-rural, a waiting period of five years shall be required before the non-rural determination becomes effective. (c) Current determinations are listed at § .23. P, OF' Tit THE STATE Department of Environmental 4��\��/%%ar mw Conservation "aA 74 o f nL ASKA DIVISION OF ENVIRONMENTAL HEALTH `, Solid Waste Program GOVERNOR SEAN PARNELL om. P 555 Cordova Street ALA°.+ Anchorage,Alaska 99501 Direct:907.269.7622 Fax:907.269.7600 Certified Mail#7012 1010 0003 0389 6131 Return Receipt Requested May 28, 2013 Mr. Charles E. Cassidy Administrative Official Kodiak Island Borough 710 Mill Bay Road Kodiak,Alaska 99615 • RE: Solid Waste Permit No. SW1A005-18 Dear Mr. Cassidy: The Alaska Department of Environmental Conservation (ADEC) has completed its evaluation of the Kodiak Island Borough (KIB) permit renewal application for the KIB landfill. Please review the conditions and stipulations in the permit and ensure that they are understood. This permit is being issued in accordance with Alaska Statute (AS) 46.03; Tide 18, Chapter 15 of the Alaska Administrative Code(18 AAC 15);and the Solid Waste Regulations (18 AAC 60). Any person who disagrees with this decision may request an adjudicatory hearing in accordance with 18 AAC 15.195 - 18 AAC 15.340 or an informal review by the Division Director in accordance with 18 AAC 15.185. Informal review requests must be delivered to the Division Director, Alaska Department of Environmental Conservation, 555 Cordova Street, Anchorage, AK 99501 within 15 days of the permit decision. Adjudicatory hearing requests must be delivered to the Commissioner of the Department of Environmental Conservation, 410 Willoughby Avenue, Suite 303, Juneau, Alaska 99801, within 30 days of.the permit decision. If a hearing is not requested within 30 days, the right to appeal is waived. More information regarding submitting a request for an informal review or adjudicatory hearing may be found at www.dec.state.ak.us/commish/ReviewGuidance.htm. Even if an adjudicatory hearing has been requested and granted, all conditions remain in effect unless a stay has been granted. If you have any questions, or require any additional information please contact Kym Bronson at (907) 269-7626, or by email atkym.bmnson @alaskagov. • Sincerely, (Icy.ro• ot Aldrich Solid Waste Program Coordinator Attachment: Permit#SW1A005-18,expiring on May 28,2018 STATE OF ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION 555 Cordova Street Anchorage,AK 99501 SOLID WASTE DISPOSAL PERMIT Permit No. SWIA005-18 Date Effective: May 28.2013 Date Expires: May 28,2018 The Alaska Department of Environmental Conservation (ADEC),under authority of AS 46.03 and 18 AAC 60,issues a solid waste disposal permit to: Kodiak Island Borough Kodiak Island Borough Class I Municipal Landfill 1203 Monashka Bay Road Kodiak,AK 99615 and designated representatives for the management and operation of a Class I municipal solid waste landfill. It authorizes operation of a baler and the current municipal waste cell for disposal of municipal solid waste and incinerator ash, and separate cells for construction and demolition (C&D) waste and asbestos containing material.This permit does not authorize the lateral expansion of the municipal waste cell. The landfill is located at 1203 Monashka Bay Road,approximately six miles northwest of the City of Kodiak. The facility is located within the northwest 1/4 of Section 29,Township 27 North,Range 20 West, Seward Meridian. The permit holder shall manage and operate the facility in accordance with: • 18AAC60 • Permit application materials, dated November 5, 2012 and revisions dated May 14,2013. In addition,the following permit conditions are required: Specific Conditions Facility Design 1. Install and maintain a clearly legible sign at the entrance to each landfill that identifies: • Facility Name • Owner/Operator Name • Hours of Operation • Emergency Phone Numbers • Type of waste accepted at the facility • A list of prohibited items and wastes that are NOT accepted at the facility 2. Maintain a locking gate at the entrance to the landfill to control public access to the site. Kodiak Island Borough Page 2 of 6 Permit#SW1A005-18 May 28,2013 • 3. At the asbestos disposal site, install and maintain readily visible signs at the entrance and at 300 foot intervals along the site perimeter that state,in lettering at least one inch tall: Asbestos Waste Disposal Site Do Not Create Dust or Dig in this Area 4. At the asbestos disposal site, install and maintain adequate barriers to prevent access to the asbestos area except via the designated entrance. 5. Ensure that all new slopes at the landfill are no steeper than 3 feet horizontal to 1 foot vertical, unless the permitee demonstrates through an engineered design that steeper slopes will remain stable.ADEC must approve the design prior to implementation. 6. limit vertical expansion of the landfill cell to 270 feet in elevation. 7. Successfully prevent,contain and control,or treat all leachate leaving the waste area. 8. Submit a request for permit modification prior to depositing waste in any lateral landfill expansion. This permit allows for disposal of waste in the identified footprint of the current waste cell, the C&D cell, and the asbestos cell only. General Facility Operations 1. Ensure that landfill personnel receive adequate training in the identification of hazardous waste and prohibited waste. 2. Conduct random waste inspections of incoming loads on a weekly basis to check for prohibited wastes. Maintain a record of the random inspections noting the date, inspector name, and any prohibited wastes identified. 3. Maintain and operate the existing leachate treatment system in fully operational condition. 4. Ensure that liquid waste, including baler squeezings, and all other prohibited wastes are not disposed in the landfill. 5. Conduct litter collection at least once each month to collect litter that has escaped the working face and/or property boundary. Municipal Waste Cell Operations 1. Ensure that only one working face/dumping location for municipal waste is exposed at any one time,and that it is located within the footprint of the current waste cell. 2. Ensure that the maximum size of the working face does not exceed 200 feet wide. 3. Ensure that all horizontal faces of bales are covered with a minimum of six inches of approved cover material at the close of each working day. Kodiak Island Borough Page 3 of 6 Permit#SW1A005-18 May 28,2013 Construction & Demolition (C&D) Cell Operations 1. Ensure that only one working face/dumping location for C&D waste is exposed at any one time. 2. Ensure that the maximum size of the C&D working face does not exceed 200 feet wide. 3. Compact,consolidate,and cover the C&D waste at least once each month. 4. Ensure that the scrap metal area does not pose a safety hazard. The slopes of the scrap metal pile shall not exceed 3 feet horizontal to 1 foot vertical. Asbestos Cell Operations 1. Ensure that all asbestos containing material is disposed in the asbestos cell, whether regulated asbestos containing material (RACM) or non-regulated asbestos containing material (non- RACM). 2. Deposit, handle, and covet non-RACM in a manner that does not result in breakage and the subsequent release of asbestos dust 3. Supervise the disposal of each load of asbestos containing material to verify that RACM shipping records match the amounts delivered. 4. Ensure that all RACM is sealed in leak-proof containers with proper labeling prior to acceptance at the facility,in accordance with the requirements of the Code of Federal Regulations, Title 40, Part 61, Section 154(40 CFR 61.154). 5. Covet all asbestos containing material with at least six inches of soil material by the end of the day that material is deposited. 6. Send a copy of the signed waste shipment record to the waste generator within 30 days of receipt of waste. 7. Maintain records of the location, depth, area,and quantity of asbestos containing material within the disposal site. Facility Monitoring 1. Conduct visual monitoring as described in the monitoring plan. a. Visually monitor the landfill site and structures each month for all applicable items listed in 18 AAC 60.800(a). b. Maintain written records of the inspections in the facility operating record. 2. Conduct methane monitoring as described in the gas monitoring plan. a. Conduct methane monitoring in January,April,July,and October. Kodiak Island Borough Page 4 of 6 Permit#SW1A005-18 May 28,2013 b. Sample for methane in the baler building, monitoring wells, manholes, gas vents, and at designated sampling sites no more than 1,500 feet apart from each other around the entire perimeter of the landfill. c. Submit methane monitoring results to ADEC within 60 days of sampling. 3. Conduct surface water monitoring as described in the monitoring plan, submitted .by email January 25,2008. 4. Submit a revised Surface Water Monitoring Plan no later than September 1,2013. Once approved by DEC, conduct surface water monitoring based on the revised plan. 5. Perform a topographic survey of the landfill to revise drawings of the site once every two years. The survey shall be conducted by a registered professional surveyor and performed within acceptable surveying standards. 6. Conduct slope monitoring as described in the monitoring plan submitted by e-mail on January 25,2008. a. Install and maintain permanent slope stability markers on slopes steeper than 3:1. One survey marker should be located every 100 feet. On sections less than 100 feet, one survey marker should be located every 30 feet. The survey markers should be located along the upper 1/3 of the slope,where slippage and subsidence will be most apparent. b. Once every three years, including 2013, 2016 and 2019, survey the permanent markers to establish the horizontal and vertical coordinates of each marker. The survey shall be conducted by a registered professional surveyor. The survey must be tied in to a permanent onsite benchmark that can be verified to a USGS benchmark and performed within acceptable surveying standards. c. Survey results shall be reviewed and certified by a professional engineer. The engineer shall evaluate whether the relative horizontal and vertical movement of the monuments is significant and whether the results indicate that the cover is slipping or failing. d. A certified report containing the engineer's evaluation shall be submitted to ADEC on or before December 31 of each monitoring year. e. If, after 2019, no significant cap movement has been detected, monitoring will revert to visual monitoring only. f. Conduct visual monitoring of slopes after any earthquake with a magnitude of 7.5 or greater with an epicenter that occurs within 10 miles of the landfill. g. If, during visual slope monitoring or the survey certification process, it is determined that a surface on the landfill has failed, the permitee must assess liner integrity and propose a corrective action plan for ADEC approval. Kodiak Island Borough Page 5 of 6 Permit#SW1A005-18 May 28,2013 General Conditions 1. Access and inspection-The Permittee shall allow the Commissioner or his representative access to the permitted facilities at reasonable times to conduct scheduled or unscheduled inspections or tests to determine compliance with this permit, State laws,and regulations. 2. Information access Except for information relating to confidential processes or methods of manufacture, all records and reports submitted in accordance with the terms of this permit shall be available for public inspection at the State of Alaska,Department of Environmental Conservation, 555 Cordova Street,Anchorage,AK 99501. 3. Civil and criminal liability-Nothing in this permit shall relieve the Permittee from civil or criminal penalties for noncompliance,whether or not such noncompliance is due to factors beyond his control,including,but not limited to, accidents, equipment breakdowns, or labor disputes. 4. Availability-The Permittee shall post or maintain a copy of this permit available to the public at the disposal facility. 5. Adverse impact-The Permittee shall take all necessary means to minimize any adverse impacts to the receiving waters or lands resulting from noncompliance with any limitation specified in this permit,including any additional monitoring needed to determine the nature and impact of the noncomplying activity. The Permittee shall clean up and restore all areas adversely impacted by the noncompliance. 6. Cultural or paleontological resources -Should cultural or paleontological resources be discovered as a result of this activity,work which would disturb such resources is to be stopped, and the State Historic Preservation Office,Division of Parks and Outdoor Recreation, Department of Natural Resources,is to be notified immediately (907-269-8721). 7. Applications for renewal-In accordance with 18 AAC 15.100(d),applications for renewal or amendment of this permit must be made no later than 30 days before the expiration date of the permit or the planned effective date of the amendment. 8. Other legal obligations -The requirements, duties, and obligations set forth in this permit are in addition to any requirements, duties,or obligations contained in any permit that the Alaska Department of Environmental Conservation or the U.S. Environmental Protection Agency has issued or may issue to the Permittee. This permit does not relieve the Permittee from the duty to obtain any and all necessary permits and to comply with the requirements contained in any such permit or with applicable state and federal laws and regulations. All activities conducted by the Permittee pursuant to the terms of this permit and all plans implemented by the Permittee pursuant to the terms of this permit shall comply with all applicable state and federal laws and regulations. 9. Pollution prevention-In order to prevent and minimise present and future pollution,when making management decisions that affect waste generation,the Permittee shall consider the following order of priority options: waste source reduction;recycling of waste;waste treatment; and waste disposal. Kodiak Island Borough Page 6 of 6 Permit#SW1A005-18 May 28,2013 This permit expires on May 28,2018 and may be revoked or amended in accordance with 18 AAC 60.260. The permit can be renewed if the facility will operate beyond this date. To avoid expiration of this permit, a renewal application must be submitted to ADEC at least 30 days before the expiration date,as set forth in 18 AAC 15.110. • 's Lori Aldrich Solid Waste Program Coordinator