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2015-01-29 Work Session Kodiak Island Borough Assembly Work Session Thursday, January 29, 2015, 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. Page 1. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 2. AGENDA ITEMS 2 - 30 a. Lobbyist Update on the Governor's State of the Budget Address tfift Governor Walker State of the State Jan 21 2015.pdf Topics for presentation Hickey.pdf 31 - 44 b. Kodiak Regional Aquaculture Association Request for a Letter of Support Karluk Lake Nutrient Enrichment Prelim EA.pdf c. Code Revision Update 45 - 52 d. Kodiak Island Borough Strategic Plan Strategic Plan Drafts.pdf 4KIB Strat Plan DRAFT#3 Assembly changes.pdf 53 - 57 e. Borough Staff Protocol and Authorities on Private Properties Assessing Procedures.pdf Assessing Protocol for Entering Private Property.pdf Assessing Access State Statutes.pdf Enforcement Office Authority.pdf f. Manager's Office Update to the Assembly 58 g. Assembly Process for Request of Information From Staff Request for Records - Public.pdf 3. MANAGER'S COMMENTS 4. CLERK'S COMMENTS 5. MAYOR'S COMMENTS 6. ASSEMBLY MEMBERS COMMENTS Page 1 of 58 AGENDA ITEM #2.a. The State of the State Address By the Honorable Bill Walker, Governor Before a Joint Session Of the 29TH Alaska State Legislature Juneau, Alaska January 21, 2015 President Kevin Meyer, Speaker Mike Chenault, Lieutenant Governor Byron Mallott, members of the Legislature, members of the Cabinet and fellow Alaskans. It is an honor to stand before you. I am humbled to serve Alaska as your Governor, and you have my pledge that I will always put Alaska first. I will forever be ready to work with anyone who shares this value. Tonight, I deliver this State of the State address. This is a rare privilege, to which I owe so much to my family. I want to begin by recognizing myfirst lady of 37 years and now Alaska's First Lady, Donna Walker. As all of you who have met her know, she is one amazing, smart lady who truly has a servant's heart. I also want to introduce two of our four children: our daughter Lindsay Hobson and son Jordan Walker. Page 2 of 58 Lobbyist Update on the Governor's State of the Budget Addres... AGENDA ITEM #2.a. Next, I want to recognize my friend and Alaska's Lieutenant Governor, Byron Mallott. I also want to recognize his bride of 42 years, Toni Mallott. Donna and I treasure our friendship with you both and with your entire family. I also want to thank the co-chairs of our transition team, Ana Hoffman of Bethel and Rick Halford from Dillingham for all of their hard work. Hundreds of Alaskans contributed to our administration's transition process. Alaska is better for it. Lieutenant Governor Mallott and I express our profound gratitude. Thank you. I am committed to carrying forward the transition team's vision of creating a more collaborative approach to solving Alaska's problems. Now that we are in office, Byron and I have made a few changes. Traditionally, the governor's office is at one end of the third floor and the lieutenant governor's is at the other end. Well, now the lieutenant governor has an office right next to mine just six feet away. He has full access to my calendar and my standing invitation to attend every meeting I have. Page 3 of 58 Lobbyist Update on the Governor's State of the Budget Addres... AGENDA ITEM #2.a. Overview Alaska is a resource development state. As we've witnessed this past year, our economy rises and falls on the tide, yet we remain prosperous and blessed in so many ways. Forged in adversity. Tempered by the elements. And bound by the faith that when we hold true to our values, Alaskans emerge stronger and ready to seize the best for our future. As owners of Alaska's resources, we must make decisions based on our long-term fiduciary responsibility. Not on short-term political expedience. It is our obligation to make sure all Alaskans experience the bounty and opportunity the state provides. Our challenges mean we cannot afford zero sum, zero result politics. This administration has put a premium on solutions and strong ideas, regardless of from where or from whom they come. Being Alaskan transcends party affiliation. As my friend Senator Lisa Murkowski often says, "No one political party has a monopoly on good ideas." Page 4 of 58 Lobbyist Update on the Governor's State of the Budget Addres... AGENDA ITEM #2.a. Federal Delegation I know I speak for everyone in this room when I say we look forward to working together with Alaska's federal delegation. Donna and I were honored to attend the swearing-in of Senator Dan Sullivan earlier this month. I have also spoken with Senator Murkowski and Congressman Don Young. We pledged to work together to make the most of our God-given resources. And yes, this means at long last responsibly accessing the vast oil reserves under ANWR. We can. And we must. It's beyond time. State Legislature Members of the Legislature, I am so honored to stand before you and I look forward to working together to overcome the challenges before us. The men and women in this room are no strangers to adversity. Some of you have beaten cancer. Others have known childhood poverty and overcome tremendous challenges in life. Page 5 of 58 Lobbyist Update on the Governor's State of the Budget Addres... AGENDA ITEM #2.a. You are fishermen, educators, lawyers, farmers and veterans. Contractors, health care providers, pilots, engineers, accountants, a miner; and yes, even a reindeer herder to list just a few. Uniting us all is a shared love for our state and our people and a desire to serve, to give back and to make a difference. The opportunity and sacred obligation we have over the next four years is to leave Alaska better than we received it and to secure blessings for future generations. General Public Opportunity! It's what inspires and motivates Alaskans. The desire to get up, put in a good day's work and build a better future. There are those of us here by birth and many others who are here by choice. And whether your family has been here five years, five generations, or five millennia, we are all Alaskans. We are the descendants of adventurers, dreamers, the restless and survivors. Those who refused to accept no for an answer. Page 6 of 58 Lobbyist Update on the Governor's State of the Budget Addres... AGENDA ITEM #2.a. Those who saw opportunity when others simply saw cold temperatures and impossibly high peaks. Some of us are descendants of Alaska's First People. Resourceful, resilient people, deeply rooted in the land. Alaska continues to prove its bounty to those who feed a village with a whale, a family with a moose, turn logs into a home, bones into art, and wind and rushing water into electricity. This is who we are, Alaskans. And there is power in who we are - and where we live. That's what gives me and those in this room great hope for the future despite the challenges at hand. Fiscal Challenge Tomorrow, I will present to this body the State of the Budget. We know that Alaska is experiencing a significant drop in revenue. The price of oil has dropped by more than 50 percent over the past six months. This has moved us from a $7 million-per-day deficit just six months ago to a $10 million-per-day deficit today. This is unsustainable. It's unacceptable. We can and we will do better. Page 7 of 58 Lobbyist Update on the Governor's State of the Budget Addres... AGENDA ITEM #2.a. This isn't the first time our young state has been through tough times. Many of you in this room served during the days of $9-a- barrel oil during the recession of the 1980s. Today, we have fewer than 500,000 barrels per day flowing through the pipeline. The impact of the low prices is intensified by low production. Today, we are faced with a $3.5 billion deficit, and using $10 million every day from our savings. Some might call this a crisis. I call this a challenge and an opportunity. We have an opportunity to make impactful and constructive changes; to challenge the traditional ways of doing business. Prior to the 1964 Earthquake, my family had the only homebuilding business in Valdez. When the earthquake struck, it devastated our community to the point that the entire town had to be relocated. As a result of the quake, not only did we lose all of our materials and tools, we lost our livelihoods. We faced a down period with no income and few assets. We could not practice our trade since new homes could not be constructed in the old town and the new town-site was not ready for construction. Page 8 of 58 Lobbyist Update on the Governor's State of the Budget Addres... AGENDA ITEM #2.a. But, we never stopped looking forward. Our focus was fixed on rebuilding and aspiring to future prosperity. We had to continue on and we knew we had to do things differently. We had to be creative, we had to pull together as a family, and we had to make sacrifices; lots of sacrifices. While there were no houses to be built, the school and post office were open and needed to be cleaned. To financially survive, we seized the opportunity and the Walker family became janitors. Our hard work paid off! When the new town-site was ready some years later, we were able to invest and buy houses in the Old Town, have them moved onto foundations in the new town and resold. However, when the house-mover from Anchorage left Valdez without moving the houses we had purchased, we once again adjusted. We became house movers! This is what I learned from my parents: Don't panic when times are tough. Make a plan. Stick to it. Stay focused. Stay positive. And get to work. Now is not the time to sound the alarm, my fellow Alaskans. Now is the time to pull together, to make a plan, sharpen our focus and get to work. Page 9 of 58 Lobbyist Update on the Governor's State of the Budget Addres... AGENDA ITEM #2.a. We have the tools. We have the ingenuity. We have the team. We will work our way out and build an even stronger Alaska. On December 26th, I took immediate action. I issued an Administrative Order requesting that six mega projects stand down until we can assess their overall costs and benefit to the state. I thank the leadership of both bodies here tonight for your offers to assist and for your helpful suggestions regarding our state's fiscal situation. We have reached out to all Alaskans to solicit their input on the budget situation as well. My website has a form for anyone to use and we have received thousands of responses. We have asked students at three of the University of Alaska campuses to sort and analyze the suggestions. My staff tells me this is something called "crowd sourcing." I just call it reaching out to Alaskans. Energy Cost Reducing energy costs across Alaska is one of the highest priorities for my administration. Page 10 of 58 Lobbyist Update on the Governor's State of the Budget Addres... AGENDA ITEM #2.a. We are the most energy-rich state in the nation. God has blessed us with almost limitless resources. It is unacceptable that so many fellow Alaskans wake up each morning in a cold house, as I did growing up in rural Alaska. If Alaska was a country, we'd be among the top eight energy producers in the world and yet we have the highest cost of energy in the nation. We can and must do better. This administration has made it a priority to reduce energy costs at state-owned and public buildings, including schools. Increasing energy efficiency will allow state dollars to be better concentrated on the services provided. And Alaska, when it comes to our public buildings and schools, wasted energy is government waste. Every growing economy in the world has one thing in common, and that is low-cost energy. This administration will not rest until Alaska is squarely on the road to becoming an economic powerhouse thanks to low-cost energy that will bolster and diversify our economy. This Legislature has done good work in this area over the past few years. From wisely incentivizing natural gas storage in Cook Inlet, to recognizing the importance of a Page 11 of 58 Lobbyist Update on the Governor's State of the Budget Addres... AGENDA ITEM #2.a. large-diameter gas line, to investing in renewable energy projects and conservation, your leadership has made a difference. Now it is time for even bolder steps. Gas line Thirty-seven years ago, Donna and I cheered and actually danced in the streets with hundreds of Alaskans as the first barrel of oil from Prudhoe Bay arrived in Valdez. A few short months later, Donna and I were married and I began working on a large volume gas line and LNG project. Alaska, it is time to build the gasline to provide gas to Alaskans and liquefied natural gas to world markets. Under my administration, we will finally begin building the Alaska gas line to tidewater. It will be done with Alaska hire to the maximum extent allowed under the law. And it will comply with Alaska's constitutional mandate that our resources be developed for the maximum use and benefit of Alaskans. Page 12 of 58 Lobbyist Update on the Governor's State of the Budget Addres... AGENDA ITEM #2.a. I was honored to have the president of a major Japanese energy consortium travel from Tokyo to Juneau last month for our inauguration. I met with this Japanese delegation the following morning as my first official meeting as your governor. About 10 days later, they returned to Juneau with a memorandum of understanding. Since signing that MOU, other significant LNG buyers in Asia have contacted me expressing similar interest. In fact, on our way to church on Christmas Eve, I received such a call from a major Japanese company. The gas is available. The market is responding. And as we know, Alaska is the crossroads of the world. It's time we engage those markets, diversify our economy, create long-term fiscal stability and job growth. And it's beyond time to complete the work those in this room have started on this critical project. Value-Added Opportunities It is also long past time for Alaska to focus on value-added job opportunities with the extraction of our natural resources. Again, I believe that is our constitutional mandate. Page 13 of 58 Lobbyist Update on the Governor's State of the Budget Addres... AGENDA ITEM #2.a. When we export our resources as raw material and import the finished product, we serve others as a colony. When we make something from our natural resources and export a finished product, that is an economy. LNG is a finished product as is fertilizer from Nikiski, processed fish, produce from the Mat-Su and boats built in Ketchikan. We should be making and exporting cement north of Fairbanks given all the limestone available and the rail and highway infrastructure. We should be refining products from our own oil. All we need is affordable energy. A great example of a value-added industry is right here in Juneau. In 1986, two local entrepreneurs, Marcy and Geoff Larson, convinced 88 people to invest $5,000 each to start what is now the largest brewery in Alaska. Today, the Alaskan Brewing Company employs about 70 full-time workers in Juneau alone. They also load about four containers a day of a finished product bound for destinations across Alaska, the Lower 48 and beyond. The Alaskan Brewing Company has become a leader in energy-efficient commercial brewing by developing and Page 14 of 58 Lobbyist Update on the Governor's State of the Budget Addres... AGENDA ITEM #2.a. employing innovative technology and reducing their diesel consumption by 70 percent. We have a duty to future generations to make the most of our resources. If Marcy and Geoff can create 70 jobs utilizing Alaska's water resource, just imagine what can be done when we apply this ingenuity to our vast fish, oil, natural gas, timber and mineral resources. And perhaps our greatest renewable resource is the majesty and allure of Alaska itself which draws nearly 2 million visitors annually. Our tourism industry creates nearly 50,000 jobs and has a direct economic impact of nearly $4 billion annually. This is a healthy and vital industry which showcases a dynamic partnership between private enterprise and state and local government, one that has the potential of limitless growth and contribution to our economic wellbeing. Health Care This evening there are tens of thousands of Alaskans with no health insurance who could be covered at no cost to the state. These are mothers and fathers, sons and daughters; entire families who will go to bed tonight in fear. Page 15 of 58 Lobbyist Update on the Governor's State of the Budget Addres... AGENDA ITEM #2.a. Fear that despite their best efforts, they are just one injury or diagnosis away from losing everything. That's wrong. It's unacceptable. And we're going to put an end to that on my watch. I began taking steps to accept the 100-percent federally funded Medicaid expansion on my first day in office. Many in the faith-based community, the Alaska State Chamber of Commerce and other job creators say Medicaid expansion isn't just good for the health of our citizens, it's good for the health of our economy. It is estimated this could create as many as 4,000 new medical jobs in Alaska. My selection of Val Davidson as the Commissioner of Health and Social Services was the first step in accomplishing this objective. We have begun the process of extending federally funded coverage to thousands of our friends, neighbors, family members and coworkers. Thank you, Commissioner Davidson, for all of your hard work in this area. Epidemics The health of our communities and villages is also a top priority of my administration. Page 16 of 58 Lobbyist Update on the Governor's State of the Budget Addres... AGENDA ITEM #2.a. The epidemics of rape, sexual assault and domestic violence plaguing our state must end. We all know the numbers, but even one case is one too many. Often lost in the facts and figures are the victims themselves. These are real lives. Women. Children. Men. Families torn apart. And each of us—a// of us- deserves to feel safe. The well-being of Alaska's families, especially our children, is something Donna and I—and each of you—care about deeply. In 2009, Donna worked as a caseworker for the Office of Children Services. She saw firsthand the heartbreaking neglect and abuse being suffered by our most vulnerable population, Alaska's children. Her first official act as First Lady was agreeing to serve as Honorary Chair of the Alaska Children's Trust, an organization that works to provide real solutions to preventing child abuse and neglect. I have asked my commissioners to look to states that lead the pack in fighting these epidemics. I will also ask our state and local officials to help us develop community- based solutions. Page 17 of 58 Lobbyist Update on the Governor's State of the Budget Addres... AGENDA ITEM #2.a. We will continue to work alongside the agencies doing strong work in these areas and create a solid action plan. I also ask that this legislature make Alaska the next state to pass Erin's Law. This is a bill that will enable our schools to further implement a proven, age-appropriate program to help children identify sexual abuse and seek help. Members of the Legislature: if you send this bill to my desk, I will sign it and we will take an important step toward protecting the lives of so many young, precious Alaskans. National Guard We thank the men and women who serve in the Alaska National Guard with honor and integrity. For your service, we thank you. Because of the sacrifices and commitment you have made to our state and nation, we honor your service. Tomorrow, my Attorney General Craig Richards will name an independent special investigator to examine what went wrong in the Alaska National Guard. That investigator will have full access to all paper and electronic evidence to get to the bottom of the allegations of sexual assault, misconduct and cover-up. Page 18 of 58 Lobbyist Update on the Governor's State of the Budget Addres... AGENDA ITEM #2.a. As the Commander in Chief of the Alaska National Guard, let me assure you that the perpetrators will be brought to justice, face expulsion, incarceration or both. I also want to thank all the men and women in the military and in law enforcement who put their lives at risk every day to protect us. On May 1St, Sergeant Patrick Scott Johnson and Trooper Gabriel Rich were killed in the line of duty in Tanana. Our thoughts and prayers are with their families and those families of other law enforcement officers and servicemen and women who have made the ultimate sacrifice. Please join me in honoring the families of Sergeant Johnson and Trooper Rich, who have so graciously accepted our invitation to be with us this evening. To our military and law enforcement families: I speak for all Alaskans and say thank you for the sacrifices you make daily for us. Your fathers, your husbands, your mothers and daughters—these are the heroes who protect our freedoms and keep us safe. These are the gallant and the brave who help us all sleep a little better at night. Page 19 of 58 Lobbyist Update on the Governor's State of the Budget Addres... AGENDA ITEM #2.a. Please join me once again in thanking and honoring all of the men and women in uniform for their sacrifice and service. Education I want to turn to education. We are perhaps facing the largest budget deficit in Alaska's history. To get on track during critical financial times, we must make difficult decisions. And sometimes we have to make sacrifices. We will protect education funding and insulate it from the state's fiscal situation to the greatest extent possible. We will continue to invest in education as it is one of the highest priorities of this state—but not at the rate we could have when oil was over $100 per barrel. Forty-six-dollar-per-barrel oil brings about a new day in Alaska, and we must respond prudently and very carefully. So I ask educators to pull together, be resourceful and efficient. I hold our educators in the highest regard. I will do all that I can and work with teachers, principals and administrators to assist and provide for the needs of our schools statewide. Public education is a constitutionally mandated responsibility. I have not, and will not forget that. Page 20 of 58 Lobbyist Update on the Governor's State of the Budget Addres... AGENDA ITEM #2.a. The days of exporting our resources with an imported workforce must come to an end. Alaskans are some of the hardest working people in the world. Let's make sure our youth get the training and skills they need to fill the jobs of today and tomorrow. We do that by being creative, parents stepping up and teachers and administrators thinking outside the box. I began my education in a Quonset hut on Fort Greeley. While the school facilities were a bit rustic, the high quality of education I received inside those walls is what I remember most. I thank each and every teacher out there who has taken on the high calling of educating our children. While we certainly have room for improvement in our schools, we should also celebrate our achievements. In Nevada last month at one of the toughest high school wrestling tournaments in the country, Kotzebue senior Josh Roetman, won his weight class and earned the tournament's "Outstanding Wrestler Award." He is the first All-American athlete from Kotzebue High School and has been accepted to the US Naval Academy. This past spring, Christine Frandsen of Lathrop High in Fairbanks captured a silver medal at the United States Page 21 of 58 Lobbyist Update on the Governor's State of the Budget Addres... AGENDA ITEM #2.a. Decathlon Super Quiz—a competition that attracted teams from around the world. These individual successes serve as a reminder that the next generation has the talent and drive to succeed. It's up to us to provide the opportunity for them to do so. We need to increase career and technical education opportunities. We can build upon the success of programs like the Fairbanks Pipeline Training Center. There are other examples in the Mat-Su, Kenai, Nome, Seward, Anchorage, Kotzebue and Barrow, to name a few. For those who choose college, Alaska is fortunate to have great universities across our state. It is time for Alaska to develop a different relationship with our university. We too often reach out to Lower 48 consultants without first determining if the same or better analysis can be done here within our university system or in our private sector. Arguably, the greatest knowledge of Arctic Policy studies can be found at the University of Alaska Fairbanks. The Ted Stevens Marine Research Institute here in Juneau serves as a leading authority on fisheries management. Page 22 of 58 Lobbyist Update on the Governor's State of the Budget Addres... AGENDA ITEM #2.a. The Kodiak Seafood and Marine Science Center serves the State of Alaska through research, education and training activities. These are fundamental to marine science, the competitiveness of the Alaska seafood industry and in meeting important workforce needs. Last week I held our first cabinet meeting. We have renamed the Governor's Conference Room the "Cabinet Room," and I plan to use it extensively and regularly with the cabinet. At my invitation, also attending last week's cabinet meeting were the University of Alaska President, Alaska Railroad CEO and the Alaska Permanent Fund CEO. This is a standing invitation for these state entities to be represented in cabinet meetings. The purpose is to ensure that we are fully harnessing our university, infrastructure and financial resources. Arctic Policy I also want to thank this Legislature for all you have done on the critical issue of Arctic Policy. For the next two years, our nation will chair the Arctic Council. Were it not for Alaska, the United States would not be an Arctic nation at all. For this reason, of the Page 23 of 58 Lobbyist Update on the Governor's State of the Budget Addres... AGENDA ITEM #2.a. estimated 20 meetings the United States will host, most will be held in Alaska. I have established a cabinet-level position to address Arctic issues. I have named Craig Fleener to this post. As you may know, Craig has previously served as a permanent member of the Arctic Council. Craig will be a vigorous advocate for Alaska's interests as the council addresses Arctic transportation and navigation, tribal issues, climate change, telecommunications and public/private partnerships for Arctic development. The Future Given current oil prices, there has been a lot of discussion about the fiscal challenges here in Alaska. While I don't dispute the numbers, I do dispute the gloom-and-doom predictions. To those who say Alaska's finest days are behind us, I say they are looking in the wrong direction. Governor Wally Rickel used to say, "Before we had money, we had guts." Alaska has trillions of dollars of value trapped under our ground and in our waters. Page 24 of 58 Lobbyist Update on the Governor's State of the Budget Addres... AGENDA ITEM #2.a. Since taking office on December 1st, I have twice been to Washington, D.C., for meetings at the highest level to discuss the infrastructure and regulatory advances we need to fully develop our resources. The potential of our oil fields and mining prospects are nearly limitless. But we can't keep having the same fights with national leaders and expect a different result. The facts are on our side. We can and will use them. But we can also listen, address the agency concerns head-on and forge a path forward. And Alaska's resources aren't just under our feet—they are also under our boats. Fisheries remain the state's top employer and we will work with this crucial sector to strengthen sustainable fisheries. In Alaska, every boat is a small family business. We will work together with the industry to keep boots on the deck and bolster demand across the globe for our high quality products. We thank all of these industries for the countless jobs they provide and for all of the solid investments they continue to make in Alaska's communities. My goal is to continue to work with them to further develop these resources. Page 25 of 58 Lobbyist Update on the Governor's State of the Budget Addres... AGENDA ITEM #2.a. We will do it on Alaska's timeframe and follow the constitutional mandate to develop them for the maximum use and benefit to Alaskans. To me, this means having Alaskans do the work. I have long been a fierce advocate for local hire. I want our North Slope workers to commute from Minto, not Mississippi and from Houston, Alaska, not Houston, Texas. It will be a priority of this administration to "buy Alaskan" when possible. Whether it is professional services, food, equipment, or just about anything else, I urge all Alaskans to do the same. Unfortunately, one of the biggest commodities we export from Alaska is our money. Buying Alaskan is something we can all do in our businesses and personal lives. When we make a purchase out of state rather than support local businesses, we end the local multiplier effect. This damages economic growth and sustainability. Think about which businesses will be making the Little League, the Little Dribblers and the youth hockey donations. Let's help those businesses here in Alaska, the ones in our hometowns that help us. Page 26 of 58 Lobbyist Update on the Governor's State of the Budget Addres... AGENDA ITEM #2.a. That is part of what 'Alaska first' means. When Alaska became a state, approximately 50 percent of the food we consumed was grown or raised here in Alaska. Today that percentage is under five. We can reverse that. Our administration will have a renewed commitment to manage our wildlife and fisheries populations for abundance in order to provide for the subsistence and economic needs of Alaskans. We should be marketing our incredible vegetables grown in the Matanuska Valley and elsewhere, like we have marketed the Copper River red salmon from Cordova. Did you know that our carrots are eight times sweeter that those grown in California? Spend two summers manning a booth at the Palmer State Fair and you learn this kind of stuff. Working Together Alaskans, yes, there are challenges ahead. But so many of our most significant accomplishments have come in the face of adversity and in times when we have worked together—with no agenda but to strengthen and prosper our state. I remember so well Alaskans reaching out together to fight for statehood, and to help those of us in need after Page 27 of 58 Lobbyist Update on the Governor's State of the Budget Addres... AGENDA ITEM #2.a. the 1964 Earthquake. I remember as a teenager, driving to Fairbanks from Valdez to help friends there following the 1967 flood. Whether it is a fuel shortage in Nome, forest fires on the peninsula and the Mat-Su, flooding on the Yukon, the threat of military base closures in the Interior, or the closure of the pulp mill in Ketchikan, we rise and survive as one when we support our fellow Alaskans. When we build each other up and we work together, nothing can shake us. We persevere, we work hard, we dare to achieve. I urge all Alaskans to be cognizant of the fiscal situation facing us. And like my family following the earthquake, do not let yourself become overwhelmed by the enormity of the task at hand. Rather, let us understand the work that must be done, and look ahead toward rebuilding and creating a prosperous future. To the members of this esteemed body, I say to you that, yes, the task ahead of us is great, but it will not consume us. Our foundation is one of ingenuity, camaraderie and hard work. It is time to put those principles into practice, make the tough decisions and tackle the work ahead of us. The public is looking to us to take action. We must deliver. Page 28 of 58 Lobbyist Update on the Governor's State of the Budget Addres... AGENDA ITEM #2.a. And just like those generations before us who so bravely built this great state, we must not seek the best Republican answer or the best Democratic answer but the right answer for Alaska. We have a lot of work ahead of us. It will be tough, and we may not always agree, but I'm confident we will pull from the same end of the rope to achieve the best outcomes for Alaskans. Let's focus not on party lines but on Alaska's bottom line. Let's honor the legacy of our past as we create opportunity for all who look north to the future. We are Alaskans and darn proud of it. As the late Senator Ted Stevens was famous for saying, "The heck with politics, let's do what's best for Alaska!" And that, my fellow Alaskans, is exactly what we will do! May God bless you, and may God bless Alaska. Page 29 of 58 Lobbyist Update on the Governor's State of the Budget Addres... AGENDA ITEM #2.a. Angela MacKenzie Subject: FW:Topics for my presentation to Assembly Bud/Nova, Here are the topics I plan to cover in my presentation tomorrow night. Happy to address other items as well. • Governor's State of the State&State of the Budget • Revenue Sharing • Education Funding—School Debt Reimbursement Program • State Appeal of Ketchikan Lawsuit re: local education contribution • PERS/TRS payment—2008 floor impact to smaller municipalities • Operating&Capital Budgets • Bills—SB 19 LSRA boundary changes;SB 22 Municipal Vehicle Reg Tax fees Thanks, Mark Page 30 of 58 Lobbyist Update on the Governor's State of the Budget Addres... AGENDA ITEM #2.b. $ "° ` ° s. Kodiak Island Borough 'Cl 0, 1-1-\\:%j rti Office of the Borough Mayor 710 Mill Baj Road Kodiak, Alaska 99615 amt Phone (907) 486-9310 Fax (907) 486-9391 q' k i2 January 30, 2014 Ann Marie La Rosa, Manager Kodiak National Wildlife Refuge 1390 Buskin River Road Kodiak, Alaska 99615 Dear Ms. La Rosa: The Kodiak Island Borough (KIB) Assembly prepared and submits this public comment in response to the Karluk Lake Nutrient Enrichment Preliminary Environmental Assessment and Section 810 Evaluation. Prior to the release of this Preliminary EA, the Assembly adopted Resolution No. FY2011-22 (attachment A) in support of nutrient enrichment of Karluk Lake. The Assembly has provided monetary support to KRAA to forward its efforts to complete the NEPA process for the proposed action of nutrient enrichment of Karluk Lake. The KIB also provided a letter to USFWS Director Dan Ashe in November of 2012 (attachment B), urging that the process be completed expeditiously in favor of the proposed action. The KIB was a partner in the previous enrichment project(1986-1990) and provided funding for the Alaska Department of Fish & Game (ADF&G) and Kodiak Regional Aquaculture Association (KRAA) to conduct nutrient enrichment activities. First and foremost, the KIB urges the USFWS to alter the manner in which the proposal submitted by KRAA has been represented as an enhancement project rather than as a restoration project. This assertion by the USFWS ignores the guidance of the Kodiak National Wildlife Refuge's Comprehensive Conservation Plan (CCP), a document created through the public process and established to "...fulfill the purposes for which the Refuge was established and provide clear direction to the public and managers on how the Service intends to meet those purposes." Given this purpose and commitment to clear direction, it would seem counter- intuitive that the USFWS, in the characterization of this project, would opt to leave out mention of the direction included in the CCP that specifically includes nutrient enrichment as an example of Fishery Restoration. Section 2.2.11.10 (p 2-62) under Management Direction for Fishery Restoration includes the following language: Page 31 of 58 Kodiak Regional Aquaculture Association Request for a Letter... AGENDA ITEM #2.b. KNWR Manager LaRosa January 30, 2015 Pg. 2 "ADF&G, in cooperation with the Kodiak Regional Aquaculture Association and the Refuge, has' undertaken several restoration projects on Kodiak Refuge, including temporary actions such as fertilization of Karluk Lake, to restore zooplankton productivity for sockeye salmon...The Refuge will continue to support similar restoration actions provided they are compatible with Refuge Purposes and Refuge System mission." We would encourage the USFWS to not take refuge in convenient reassignment of nutrient enrichment from restoration to enhancement. The KNWR CCP (2008) holds more recent guidance specific to KNWR than the USFWS Fisheries Management Plan (1990), the Refuge System Improvement Act (1997), or the Biological Integrity, Diversity, and Environmental Health Policy (601 FW3, 2001), and by nature of their existence prior to this update of the CCP, these policies were considered and taken into account in the development of the Refuge's 2008 document. Furthermore, the Purpose and Need of the CCP indicates that a Comprehensive Conservation Plan serves to "Ensure that the purposes of the Refuge and the mission of the Refuge system are being met." Therefore, it would seem that the CCP does contain clear direction for the public and managers, which includes consideration of the listed policies and acts, and still indicates nutrient enrichment is a restoration activity. This is supported by the adoption of the CCP and the record of decision that indicated the language and direction therein has met the standards set to ensure the purposes of the Refuge and Refuge System are being met. Is it then appropriate for current USFWS staff, in preparing this EA, to ignore the specific language and guidance included in its own CCP? In characterizing the proposal for Karluk Lake Nutrient Enrichment as an enhancement project, the USFWS appears to justify the label through indication that the intent of the project is to increase salmon production beyond historic levels. In fact, the stated intent of the project is "to restore the Karluk ecosystem and sockeye salmon productivity to self-sustaining levels observed prior to their recent decline." This stated intent, and the focus of the restoration activities, are related to system productivity as well as the desired outcome that restored productivity would lead to improved growth and survival of juvenile salmon. Though the focus of the proposed action is system productivity, the proposal does identify a period of salmon productivity from 1985-2007 as a target level for salmon returns (KRAA, 2012, p. 34). The period identified is an historic level which provided for both escapement and harvest opportunity. KRAA has further identified that it was the very high escapement in 2003, coupled with robust escapement in surrounding years, which increased the juvenile population beyond a level the system could support. This led to overgrazing and a circumstance in which low nutrient levels could not support re-growth of the food base—essentially a decline in juvenile fish habitat. The objectives, response variables, and decision points identified in the Nutrient enrichment proposal demonstrate further agreement with those of a restoration activity rather than an enhancement activity. The KNWR CCP states that "Fishery enhancement is any management action or set of actions that is applied to a fishery stock to supplement numbers of harvestable fish to a level beyond that which could be naturally produced based on a determination of a reasonable estimate of historic levels." This definition does include nutrient enrichment as a potential enhancement activity. However, close examination of the content of the EA indicates Page 32 of 58 Kodiak Regional Aquaculture Association Request for a Letter... AGENDA ITEM #2.b. KNWR Manager LaRosa January 30, 2015 Pg. 3 that the levels of nutrients proposed for application by KRAA would not likely exceed historically observed and recorded levels of nutrients in Karluk Lake—and also would not generate adult returns greater than those recorded in the past. Furthermore, the proffered nutrient enrichment program methodology provides for monitoring at the various nutrient and trophic levels and decision points that would take into account each year's collective data to make a decision on whether nutrients would be applied. Alternately, an enhancement activity would seek to apply nutrients on an annual basis and achieve a set nutrient concentration for the system, likely without consideration of other factors, such as zooplankton size and community structure, annual chlorophyll a concentrations, adult returns or smolt produced per spawner, all of which are provided for consideration in the annual program or as decision points in the Karluk Lake Nutrient Enrichment proposal. The proposal by KRAA was submitted subsequent to a 4 year period of failure to meet the lower limit of the escapement goal for Karluk early run sockeye salmon. Certainly, under those conditions, it is desirable to see the system meet identified productivity goals, and the proposal's stated intent to support salmon productivity aimed to see that those established escapement goals would be met and that the system would be able to support commercial and subsistence fisheries as well. The proposal does not suggest that nutrient enrichment activities would be conducted during periods that system productivity, smolt size and adult returns appear to be healthy. By suggesting that the intent of the project is to increase salmon productivity beyond historic levels, the USFWS may be suggesting that periods of low productivity also represent historic, and therefore acceptable, levels of productivity; however, the returns to Karluk from 2008 to 2011 were comparable to those of the early and mid-1970s—returns that prompted the restoration activities, including nutrient enrichment, of the late 1970s and 1980s. The EA contends both that commercial fishing has driven down the productivity of the system and that over escapement led to the failures of 2008-2011. These two contentions are contradictory. It is important to realize that Karluk, like most salmon producing systems in Alaska, is a managed system. It is not commercial fishing, as suggested by USFWS in the EA, that drives the return of nutrients to Karluk Lake and thereby its productivity. It is the management actions of the ADF&G in response to their own forecasts, escapement goal ranges and Commercial Fisheries Management Plans that ultimately determine escapement for a system. The ADF&G, through the use of Emergency Order (EO), employed harvest limitation tools from 2008 through 2011 and even 2012 (when the lower limit of the early run Karluk sockeye salmon escapement goal was met) in an effort to maximize escapement. An absence of commercial fishing activity in some of these years would not have meant achievement of escapement goals. And furthermore, if we conclude that it was indeed over-escapement in 2003 that led to overgrazing and destruction of juvenile sockeye salmon habitat, poor juvenile survival and subsequent run failure in 2008, then it would follow that the Commercial Fisheries Management Plan for the Westside of Kodiak did not allow for enough commercial fishing opportunity in order to limit escapement. Since 2003, ADF&G has made modifications to the Westside management plan to provide for earlier opening of the commercial fishery and changed the position of the Karluk River salmon counting weir, which seems to provide earlier counts and limits build-ups of salmon in Karluk Page 33 of 58 Kodiak Regional Aquaculture Association Request for a Letter... AGENDA ITEM #2.b. KNWR Manager LaRosa January 30, 2015 Pg. 4 Lagoon. The ADF&G also conducts test fisheries prior to the season to 'provide data to aid in the management of the Kodiak Management Area (KMA) Westside commercial fishery by establishing an index useful for assessing the relative abundance of Karluk River early run sockeye salmon prior to commercial fishing periods," (Moore, M. Kodiak Management Area Sockeye Salmon Test Fishery Operational Plan, 2014). Though these tools provide more flexibility and information for managers, the potential to exceed escapement goals ranges still exists, as does the potential for overgrazing and subsequent events leading to future failures. As a managed run that is essentially manipulated for productivity by escapement goal ranges and their achievement, Karluk will still continue to have variability and cyclical ups and downs influenced by annual and decadal climate variations, ocean currents and even single, dramatic seasonal events. This variability will occur outside of any nutrient enrichment activity as well. The importance of the Karluk system, the importance of its productivity, and the importance of the ability of the system to support juvenile sockeye populations remains. Nutrient enrichment, with a minimal footprint, robust monitoring, adaptive management, conservative application plan, and multiple decision points for application is a tool which will allow support of this important system when productivity and juvenile sockeye salmon habitat is compromised. There is a wealth of history, data and scientific literature available that is directly related to the Karluk system. That information should be given greater weight in the analysis provided in the preliminary EA document. Data show that during the previous enrichment project primary productivity increased in Karluk Lake. It is true that an increase in primary productivity cannot be tied directly to a number of juvenile sockeye salmon that may otherwise have died through starvation; however, it is also true that an adequate rearing environment and readily available food sources will provide better opportunity for growth and survival than an inadequate rearing environment. In the years since 2008, KRAA has continued to collect data and analyze the changing conditions at Karluk Lake. Three years of adequate escapement and two years of improved commercial catch are not evidence that Karluk is not in need of continued stewardship or that nutrient enrichment is not a tool that may yet benefit the system if and when the food resources of Karluk Lake are not capable of supporting a robust juvenile population. The Assembly, through history of partnership in enrichment efforts and participation in the more recent proposal for nutrient enrichment, believes that Nutrient Enrichment can be applied safely and with benefit to the Karluk system. The Assembly encourages the USFWS to move forward with the selection of the Proposed Action of Nutrient Enrichment of Karluk Lake. Further, we support a Finding of No Significant Impact (FONSI) for the proposed action as well as determination that the proposed action is compatible with Refuge purposes. Sincerely, KODIAK ISLAND BOROUGH Jerrol Friend, Mayor Page 34 of 58 Kodiak Regional Aquaculture Association Request for a Letter... AGENDA ITEM #2.b. • � �an��i1\ls V ,aui� 4 q�AsK Kodiak Island Borough City of Kodiak 710 Mill Bay Road, Rm. 101 710 Mill Bay Road, Rm. 216 Kodiak,AK 99615 Kodiak, AK 99615 907.486.9310 907.486.8636 January 30, 2014 Ann Marie La Rosa, Manager Kodiak National Wildlife Refuge 1390 Buskin River Road Kodiak, Alaska 99615 Dear Ms. La Rosa: The Kodiak Island Borough (KIB) Assembly and City of Kodiak Council have prepared and submit this public comment in response to the Karluk Lake Nutrient Enrichment Preliminary Environmental Assessment and Section 810 Evaluation. Prior to the release of this Preliminary EA, the Assembly adopted Resolution No. FY2011-22 (attachment A) and the City Council adopted Resolution No. 2012-12 (attachment B) in support of nutrient enrichment of Karluk Lake. The KIB Assembly has provided monetary support to KRAA to forward its efforts to complete the NEPA process for the proposed action of nutrient enrichment of Karluk Lake. The KIB also provided a letter to USFWS Director Dan Ashe in November of 2012 (attachment C), urging that the process be completed expeditiously in favor of the proposed action. The KIB was a partner in the previous enrichment project (1986-1990) and provided funding for the Alaska Department of Fish & Game (ADF&G) and Kodiak Regional Aquaculture Association (KRAA)to conduct nutrient enrichment activities. First and foremost, the KIB and City of Kodiak urge the USFWS to alter the manner in which the proposal submitted by KRAA has been represented as an enhancement project rather than as a restoration project. This assertion by the USFWS ignores the guidance of the Kodiak National Wildlife Refuge's Comprehensive Conservation Plan (CCP), a document created through the public process and established to "...fulfill the purposes for which the Refuge was established and provide clear direction to the public and managers on how the Service intends to meet those purposes." Given this purpose and commitment to clear direction, it would seem counter-intuitive that the USFWS, in the characterization of this project, would opt to leave out mention of the direction included in the CCP that specifically includes nutrient enrichment as an example of Fishery Restoration. Section 2.2.11.10 (p 2-62) under Management Direction for Fishery Restoration includes the following language: Page 35 of 58 Kodiak Regional Aquaculture Association Request for a Letter... • AGENDA ITEM #2.b. KNWR Manager LaRosa January 30, 2015 Pg. 2 "ADF&G, in cooperation with the Kodiak Regional Aquaculture Association and the Refuge, has undertaken several restoration projects on Kodiak Refuge, including temporary actions such as fertilization of Karluk Lake, to restore zooplankton productivity for sockeye salmon...The Refuge will continue to support similar restoration actions provided they are compatible with Refuge Purposes and Refuge System mission." We would encourage the USFWS to not take refuge in convenient reassignment of nutrient enrichment from restoration to enhancement. The KNWR CCP (2008) holds more recent guidance specific to KNWR than the USFWS Fisheries Management Plan (1990), the Refuge System Improvement Act(1997), or the Biological Integrity, Diversity, and Environmental Health Policy (601 FW3, 2001), and by nature of their existence prior to this update of the CCP, these policies were considered and taken into account in the development of the Refuge's 2008 document. Furthermore, the Purpose and Need of the CCP indicates that a Comprehensive Conservation Plan serves to "Ensure that the purposes of the Refuge and the mission of the Refuge system are being met." Therefore, it would seem that the CCP does contain clear direction for the public and managers, which includes consideration of the listed policies and acts, and still indicates nutrient enrichment is a restoration activity. This is supported by the adoption of the CCP and the record of decision that indicated the language and direction therein has met the standards set to ensure the purposes of the Refuge and Refuge System are being met. Is it then appropriate for current USFWS staff, in preparing this EA, to ignore the specific language and guidance included in its own CCP? In characterizing the proposal for Karluk Lake Nutrient Enrichment as an enhancement project, the USFWS appears to justify the label through indication that the intent of the project is to increase salmon production beyond historic levels. In fact, the stated intent of the project is "to restore the Karluk ecosystem and sockeye salmon productivity to self-sustaining levels observed prior to their recent decline." This stated intent, and the focus of the restoration activities, are related to system productivity as well as the desired outcome that restored productivity would lead to improved growth and survival of juvenile salmon. Though the focus of the proposed action is system productivity, the proposal does identify a period of salmon productivity from 1985-2007 as a target level for salmon returns (KRAA, 2012, p. 34). The period identified is an historic level which provided for both escapement and harvest opportunity. KRAA has further identified that it was the very high escapement in 2003, coupled with robust escapement in surrounding years, which increased the juvenile population beyond a level the system could support. This led to overgrazing and a circumstance in which low nutrient levels could not support re-growth of the food base—essentially a decline in juvenile fish habitat. The objectives, response variables, and decision points identified in the Nutrient enrichment proposal demonstrate further agreement with those of a restoration activity rather than an enhancement activity. The KNWR CCP states that "Fishery enhancement is any management action or set of actions that is applied to a fishery stock to supplement numbers of harvestable fish • to a level beyond that which could be naturally produced based on a determination of a reasonable estimate of historic levels." This definition does include nutrient enrichment as a potential enhancement activity. However, close examination of the content of the EA indicates that the levels of nutrients proposed for application by KRAA would not likely exceed historically observed and Page 36 of 58 Kodiak Regional Aquaculture Association Request for a Letter... AGENDA ITEM #2.b. KNWR Manager LaRosa January 30, 2015 Pg. 3 recorded levels of nutrients in Karluk Lake—and also would not generate adult returns greater than those recorded in the past. Furthermore, the proffered nutrient enrichment program methodology provides for monitoring at the various nutrient and trophic levels and decision points that would take into account each year's collective data to make a decision on whether nutrients would be applied. Alternately, an enhancement activity would seek to apply nutrients on an annual basis and achieve a set nutrient concentration for the system, likely without consideration of other factors, such as zooplankton size and community structure, annual chlorophyll a concentrations, adult returns or smolt produced per spawner, all of which are provided for consideration in the annual program or as decision points in the Karluk Lake Nutrient Enrichment proposal. The proposal by KRAA was submitted subsequent to a 4 year period of failure to meet the lower limit of the escapement goal for Karluk early run sockeye salmon. Certainly, under those conditions, it is desirable to see the system meet identified productivity goals, and the proposal's stated intent to support salmon productivity aimed to see that those established escapement goals would be met and that the system would be able to support commercial and subsistence fisheries as well. The proposal does not suggest that nutrient enrichment activities would be conducted during periods that system productivity, smolt size and adult returns appear to be healthy. By suggesting that the intent of the project is to increase salmon productivity beyond historic levels, the USFWS may be suggesting that periods of low productivity also represent historic, and therefore acceptable, levels of productivity; however, the returns to Karluk from 2008 to 2011 were comparable to those of the early and mid-1970s—returns that prompted the restoration activities, including nutrient enrichment, of the late 1970s and 1980s. The EA contends both that commercial fishing has driven down the productivity of the system and that over escapement led to the failures of 2008-2011. These two contentions are contradictory. It is important to realize that Karluk, like most salmon producing systems in Alaska, is a managed system. It is not commercial fishing, as suggested by USFWS in the EA, that drives the return of nutrients to Karluk Lake and thereby its productivity. It is the management actions of the ADF&G in response to their own forecasts, escapement goal ranges and Commercial Fisheries Management Plans that ultimately determine escapement for a system. The ADF&G, through the use of Emergency Order (EO), employed harvest limitation tools from 2008 through 2011 and even 2012 (when the lower limit of the early run Karluk sockeye salmon escapement goal was met) in an effort to maximize escapement. An absence of commercial fishing activity in some of these years would not have meant achievement of escapement goals. And furthermore, if we conclude that it was indeed over-escapement in 2003 that led to overgrazing and destruction of juvenile sockeye salmon habitat, poor juvenile survival and subsequent run failure in 2008, then it would follow that the Commercial Fisheries Management Plan for the Westside of Kodiak did not allow for enough commercial fishing opportunity in order to limit escapement. Since 2003, AOF&G has made modifications to the Westside management plan to provide for earlier opening of the commercial fishery and changed the position of the Karluk River salmon counting weir, which seems to provide earlier counts and limits build-ups of salmon in Karluk Lagoon. The ADF&G also conducts test fisheries prior to the season to "provide data to aid in the management of the Kodiak Management Area (KMA) Westside commercial fishery by establishing an index useful for assessing the relative abundance of Karluk River early run sockeye salmon prior to commercial fishing periods," (Moore, M. Kodiak Management Area Sockeye Salmon Test Fishery Page 37 of 58 Kodiak Regional Aquaculture Association Request for a Letter... AGENDA ITEM #2.b. KNWR Manager LaRosa January 30, 2015 Pg. 4 Operational Plan, 2014). Though these tools provide more flexibility and information for managers, the potential to exceed escapement goals ranges still exists, as does the potential for overgrazing and subsequent events leading to future failures. As a managed run that is essentially manipulated for productivity by escapement goal ranges and their achievement, Karluk will still continue to have variability and cyclical ups and downs influenced by annual and decadal climate variations, ocean currents and even single, dramatic seasonal events. This variability will occur outside of any nutrient enrichment activity as well. The importance of the Karluk system, the importance of its productivity, and the importance of the ability of the system to support juvenile sockeye populations remains. Nutrient enrichment, with a minimal footprint, robust monitoring, adaptive management, conservative application plan, and multiple decision points for application is a tool which will allow support of this important system when productivity and juvenile sockeye salmon habitat is compromised. There is a wealth of history, data and scientific literature available that is directly related to the Karluk system. That information should be given greater weight in the analysis provided in the preliminary EA document. Data show that during the previous enrichment project primary productivity increased in Karluk Lake. It is true that an increase in primary productivity cannot be tied directly to a number of juvenile sockeye salmon that may otherwise have died through starvation; however, it is also true that an adequate rearing environment and readily available food sources will provide better opportunity for growth and survival than an inadequate rearing environment. In the years since 2008, KRAA has continued to collect data and analyze the changing conditions at Karluk Lake. Three years of adequate escapement and two years of improved commercial catch are not evidence that Karluk is not in need of continued stewardship or that nutrient enrichment is not a tool that may yet benefit the system if and when the food resources of Karluk Lake are not capable of supporting a robust juvenile population. The Assembly and City Council, through history of partnership in enrichment efforts and participation in the more recent proposal for nutrient enrichment, believe that Nutrient Enrichment can be applied safely and with benefit to the Karluk system. The Assembly and City Council encourage the USFWS to move forward with the selection of the Proposed Action of Nutrient Enrichment of Karluk Lake. Further, we support a Finding of No Significant Impact (FONSI) for the proposed action as well as determination that the proposed action is compatible with Refuge purposes. Sincerely, Jerrol Friend, Mayor Pat Branson, Mayor Kodiak Island Borough City of Kodiak Page 38 of 58 Kodiak Regional Aquaculture Association Request for a Letter... AGENDA ITEM #2.b. 1 Introduced by: Borough Assembly 2 Requested by: Kodiak Region Aquaculture 3 Association Drafted by: Kodiak Region Aquaculture 4 Association 5 Introduced on: 03103/2011 6 Adopted en; 03/03/2011 7 8 KODIAK ISLAND BOROUGH 9 RESOLUTION NO. FY 2011-22 10 11 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 12 SUPPORTING THE IMPLEMENTATION OF LAKE FERTILIZATION OF KARLUK, 13 FRAZER, AND SPIRIDON LAKES BY THE KODIAK REGIONAL 14 AQUACULTURE ASSOCIATION AS A SALMON REHABILITATION AND 15 ENHANCEMENT METHOD 16 17 WHEREAS, the Kodiak Management Area salmon fishermen and the Kodiak Island 18 Borough have benefited greatly from salmon enhancement and rehabilitation programs; and 19 20 WHEREAS, the Alaska Department of Fish and Game has a Lake Fertilization Policy built 21 upon strong scientific research and intended to protect wild salmon populations and habitat; 22 and 23 24 WHEREAS, there is a strong body of scientific literature recognizing lake fertilization as an 25 effective method of improving sockeye salmon habitat and production; and 26 27 WHEREAS, lake fertilization has been successfully implemented by the Alaska 28 Department of Fish and Game and the Kodiak Regional Aquaculture Association to 29 rehabilitate and enhance sockeye salmon production of multiple Kodiak Archipelago Lakes 30 in the past; and 31 32 WHEREAS, lake fertilization projects have contributed to sustainable fisheries and 33 economic development that directly benefits Kodiak sport, subsistence, and commercial 34 fishermen, seafood processors, and the Borough government, which receives raw fish tax 35 revenues; and 36 37 WHEREAS, a number of Kodiak Archipelago lakes which have historically been major 38 sockeye salmon producers are currently in a depressed state of production; and 39 40 WHEREAS, among those depressed systems, Karluk, Frazer, and Spiridon lakes have 41 been identified as having strong potential for substantially increased sockeye salmon 42 production if lake fertilization projects are initiated; and 43 44 WHEREAS, the depressed sockeye production of these lakes has a devastating effect on 45 Kodiak's west side and south end salmon fisheries and negative impact on the Borough 46 economy and the five villages in the area;and 47 Kodiak Island Borough Resolution No. FY2011-22 Page 1 of 2 Page 39 of 58 Kodiak Regional Aquaculture Association Request for a Letter... AGENDA ITEM #2.b. 48 WHEREAS, through the Kodiak Regional Aquaculture Association, Kodiak Management 49 Area salmon fishermen have committed significant funding to lake fertilization to restore 50 these fisheries; and 51 52 WHEREAS, the Borough has a history of providing support and funding for fisheries 53 development, and specifically for fertilization of Karluk and Frazer lakes;and 54 55 WHEREAS, local government support is a key factor in the State Legislature's • 56 consideration of support and potential funding for local projects; and 57 58 NOW, THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE KODIAK 59 ISLAND BOROUGH supports lake fertilization as a salmon rehabilitation and enhancement 60 method and supports the implementation of lake fertilization of Karluk, Frazer, and Spiridon 61 lakes by the Kodiak Regional Aquaculture Association as soon as possible; and 62 63 BE IT FURTHER RESOLVED, THAT THE ASSEMBLY OF THE KODIAK ISLAND 64 BOROUGH is committed to educating the community about the need, the benefits, and the 65 safety of lake fertilization projects and will submit letters of support for these projects,to 66 State and Federal legislators and appropriate governmental agencies; and 67 68 BE IT FURTHER RESOLVED, THAT THE ASSEMBLY OF THE KODIAK ISLAND 69 BOROUGH supports the efforts of Kodiak Regional Aquaculture Association to obtain from 70 the U.S. Department of Interior a NEPA waiver, categorical exclusion, or statutory exemption 71 for the proposed projects,or otherwise facilitate an expedited review and permitting process, 72 so that lake fertilization can be implemented as early as May 2011; and 73 74 BE IT FURTHER RESOLVED, THAT THE ASSEMBLY OF THE KODIAK ISLAND 75 BOROUGH will allocate matching funds of up to $50,000 to Kodiak Regional Aquaculture 76 Association lake fertilization projects and will seek to procure additional funding for these 77 projects from the State of Alaska. 78 79 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 80 THIS THIRD DAY OF MARCH, 2011 81 • 82 KODIAK ISLAND BOROUGH E • 86 ATTEST: Je me M. Sel�r :...uthl Ma .r • 87 88 89 90 Nova M. Javier, MM , Borough Clerk Kodiak Island Borough Resolution No. FY2011-22 Page 2of2 • Page 40 of 58 Kodiak Regional Aquaculture Association Request for a Letter... AGENDA ITEM #2.b. CITY OF KODIAK RESOLUTION NUMBER 2012-12 A RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK SUPPORT- ING THE IMPLEMENTATION OF LAKE FERTILIZATION OF KARLUK, FRAZER, AND SPIRIDON LAKES BY THE KODIAK REGIONAL AQUACULTURE ASSOCIA- TION AS A SALMON REHABILITATION AND ENHANCEMENT METHOD WHEREAS,the Kodiak Management Area salmon fishermen and the Kodiak community have benefited greatly from salmon enhancement and rehabilitation programs;and WHEREAS, the Alaska Department of Fish and Game has a Lake Fertilization Policy built upon strong scientitic research and intended to protect wild salmon populations and habitat; and WHEREAS,there is a strong body of scientific literature recognizing lake fertilization as an effective method of improving sockeye salmon habitat and production;and WHEREAS, lake fertilization has been successfitlly implemented by the Alaska Depart- ment of Fish and Game and the Kodiak Regional Aquaculture Association to rehabilitate and enhance sockeye salmon production of multiple Kodiak Archipelago Lakes in the past;and WI-IEREAS, lake fertilization projects have contributed to sustainable fisheries and economic development that directly benefits Kodiak sport, subsistence, and commercial fisher- men,seafood processors,and the local economy;and WHEREAS, a number of Kodiak Archipelago lakes which have historically been major sockeye salmon producers are currently in a depressed state of production; and WHEREAS, among those depressed systems, Karluk, Frazer, and Spiridon lakes have been identified as having strong potential for substantially increased sockeye salmon production if lake fertilization projects arc initiated;and WHEREAS, the depressed sockeye production of these lakes has a very negative effect on Kodiak's west side and south end salmon fisheries and negative impact on Kodiak's econo- my;and WHEREAS, through the Kodiak Regional Aquaculture Association, Kodiak Manage- ment Area salmon fishermen have committed significant funding to lake fertilization to restore these fisheries; and WHEREAS, the City supports fisheries development and fertilization of Karluk, Frazer. and Spiridon lakes; and Resolution No.2012-12 Page I of 2 Page 41 of 58 Kodiak Regional Aquaculture Association Request for a Letter... AGENDA ITEM #2.b. WHEREAS, local government support is a key factor in the State Legislature's consider- ation of support and potential funding for local projects. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Kodiak, Alaska, supports lake fertilization as a salmon rehabilitation and enhancement method and supports the implementation of lake fertilization of Karluk, Frazer, and Spiridon lakes by the Kodiak Regional Aquaculture Association as soon as possible. BE IT FURTHER RESOLVED that the Council of the City of Kodiak, Alaska supports the efforts of Kodiak Regional Aquaculture Association to obtain from the U.S. Department of Interior a NEPA waiver, categorical exclusion,or statutory exemption for the proposed projects, or otherwise facilitate an expedited review and permitting process, so that lake fertilization can be implemented as early as possible. "`' CITY OF KODIAK Ci /2 ad-- \ ,ki1 MAYOR ATTEST: (�StCP' atitAfot /nlc - CITY CLERK Adopted: April 26,2012 Resolution No.2012-12 Page 2 of 2 Page 42 of 58 Kodiak Regional Aquaculture Association Request for a Letter... AGENDA ITEM #2.b. \Bland4% 4 ®7 .. tj jr a <AS ; Kodiak Island Borough City of Kodiak 710 Mill Bay Road, Rm. 101 710 Mill Bay Road, Rm. 216 Kodiak, AK 99615 Kodiak, AK 99615 907.486.9310 907.486.8636 November 26, 2012 Mr. Dan Ashe, Director U.S. Fish and Wildlife Service Department of the Interior 1849 C Street NW, Room 3331 Washington, D.C. 20240-0001 Dear Director Ashe: The communities of Kodiak Island comprise some of the most active and diverse fishing communities in the country. As such, we depend upon continued productivity of fish and shellfish stocks in the region, and we have particular interest in how our government land management and fishery regulatory agencies conduct their business. As you know, the Karluk River system has seen dramatically reduced sockeye salmon returns in the recent decade and the Kodiak Regional Aquaculture Association (KRAA) has put forth a detailed and well-thought out proposal to enrich the nutrient base of Karluk Lake in order to propel the system into a higher and sustainable level of production. After several years of urging and public pressure, the U.S. Fish and Wildlife Service (USFWS) is finally reviewing KRAA's Karluk Lake Enrichment Proposal for compatibility with the stated purposes of the Kodiak Island National Wildlife Refuge, within which Karluk Lake is situated. However, the USFWS has extended several times the anticipated amount of time it will take to complete the Compatibility Determination (CD), let alone a subsequent environmental assessment. We ask your assistance. Local refuge staff, the Alaska regional staff in Anchorage, as well as any staff involved at the headquarters level need to proceed expeditiously in completion of the CD. Moreover, we recommend a positive finding, especially since similar nutrient enrichment projects have been found compatible with the purposes of the Kodiak NWR in the past. Page 43 of 58 Kodiak Regional Aquaculture Association Request for a Letter... AGENDA ITEM #2.b. Director Ashe November 26,2012 Page 2 of 2 We will appreciate your prompt consideration of our request. Sincerely, erome Selby, Mayor Pat Branson, Mayor Kodiak Island Borough City of Kodiak C: Kevin Brennan, Executive Director, KRAA Cora Campbell, Commissioner, ADF&G Geoff Haskett,Acting Deputy Director for Policy, USFWS The Honorable Lisa Murkowski, US Senate The Honorable Mark Begich, US Senate The Honorable Don Young, US House of Representatives The Honorable Sean Parnell, Governor, State of Alaska Page 44 of 58 Kodiak Regional Aquaculture Association Request for a Letter... AGENDA ITEM #24. Dennis McMillian's Original Draft Kodiak Borough Strategic Plan 2015-2020 Purpose: Government exists to improve the quality of life. Envisioned Future 2030 With reasonable growth, Kodiak has trusted government with acceptable powers that promote a vibrant, diverse and sustainable economy centered on Kodiak's unique qualities including, but not limited to the oceanic and or fisheries industry and research; in addition we envision a community where there is adequate support for an education system that develops "globally competent kids". Those efforts will ensure a reasonable cost of living and great (Bohemian) quality of life where diverse cultures and viewpoints, including that of an engaged community of young adults, work together and thrive. Strategic Direction • Ensure fiscal stability for the community • Assembly better understands implications of long term financial commitments like PERS • Work with school district to ensure the largest investment has desired results • Control debt load • Stabilize revenue • Develop plan for land sale • Partner with Native organizations to leverage capacity, especially in outlying areas • Create plan to best use of property • Using assets, focus on our best economic development opportunities • Building capacity of people • Best education and training for current citizens for opportunities in Kodiak • Strategy to attract and retain the best and brightest to the community, based on the quality of life • Continue to maximize impact of natural resources • Fisheries industry vibrant • Tourism • Enhance marine science research and education • Strategy to advocate that research moves to Kodiak • Increase university offerings (ANSEP for fisheries) • Work to build stronger partnerships with key institutions-seek ways to leverage infrastructure such as • Coast Guard • Native organizations • City • Other community resources • School District • University • Build stronger sense of community • Public trust of elected officials and process-increase citizen involvement • More multi-cultural engagement in civic activities • Increased involvement of youth through education and meaningful activities 2015 Priorities 1. Stabilize revenue a. Land Sell using resources to maximum potential for community's vision b. Assembly better understands long-term financial obligations • School District • Long-term obligations like PERS 2. Begin to build partnerships and trust Page 45 of 58 Kodiak Island Borough Strategic Plan AGENDA ITEM #2.d. a. Citizen trust through Assembly becoming better informed on all issues and more transparent in action b. Developing more cooperative partnerships with others, especially the Native Community and other key partners. Page 46 of 58 Kodiak Island Borough Strategic Plan AGENDA ITEM #2.d. KODIAK BOROUGH STRATEGIC PLAN MARKED UP 2015-2020 DRAFT#1 PURPOSE: The Kodiak Island Borough Ggovernment exists to improve the quality of life of the community. ENVISIONED FUTURE 2030 With reasonable growth, Kodiak has entrusted government with acceptable powers that promote a vibrant, diverse, and sustainable economy centered on Kodiak's unique qualities including, but not limited to, the oceanic and/-or fisheries industry and research.; lin addition, we envision a community where there is adequate support for an education system that develops "globally competent kids". Theese efforts will ensure a reasonable cost of living and great (Bohemian) quality of life where diverse cultures and viewpoints, including that of an engaged community of young adults, work together and thrive. STRATEGIC DIRECTION >Ensure fiscal stability for the community .. Acccmbly better uUnderstands better the implications of long—term financial commitments like PERS .. Work with the sSchool Ddistrict to ensure the largest investment has desired results .. Control debt load .. Stabilize revenue • Develop plan for land sale .o Partner with Native organizations to leverage capacity,especially in outlying areas o Create plan to for best use of property y ,fFocus on our best economic development opportunities by utilizing assets • Building capacity of people .o Provide Bbest education and training for current citizens for opportunities in Kodiak .o Strategizey to attract and retain the best and brightest to the community, based on the quality of life • Centime-to-mMaximize impact of natural resources .o Promote and maintain a healthy and vibrant Ffisheries industry-vibrant .o Develop partnerships in promoting Ttourism . Enhance seafood and marine science research and education Sc, Strategy to-and advocate that fishery research, training, and education activities moves to Kodiak o Increase sUniversity offerings(Alaska Native Science& Engineering Program for fisheries) .� Work to YBuild stronger partnerships with the Coast Guard, Cities/Villages in Kodiak, Native Organizations, School District, University of Alaska, and other Community resources Eby seeking ways to leverage infrastructure sash .-Nativc organizations Kodiak Island Borough Strategic Plan Page 1 of 2 Page 47 of 58 Kodiak Island Borough Strategic Plan AGENDA ITEM #2.d. City --Sohool District --University Build a stronger sense of community • Promote a culture of Ppublic trust of elected officials and process increase the citizen involvement process • Encourage;Amore multi-cultural engagement in civic activities • Increased involvement of youth through education and meaningful activities 2015 PRIORITIES 47➢Stabilize revenue a• Develop&land Set!sales by using resources to maximum potential for community's vision f}• Determine and understand • -••e •-•- ••- . .•e. long-term financial obligations •o School District •o Long-term obligations like PERS a -Begin to build partnerships and trust a,• Uphold Gcitizens trust through the Assembly becoming better informed on all issues and more transparent in action b• Developing more cooperative partnerships with other entities, especially the Native Community and other key partners- Kodiak Island Borough Strategic Plan Page 2 of 2 Page 48 of 58 Kodiak Island Borough Strategic Plan AGENDA ITEM #2.d. KODIAK BOROUGH STRATEGIC PLAN DRAFT#2 2015-2020 CLERK PURPOSE The Kodiak Island Borough government exists to improve the quality of life of the community. ENVISIONED FUTURE 2030 With reasonable growth, Kodiak has entrusted government with acceptable powers that promote a vibrant, diverse, and sustainable economy centered on Kodiak's unique qualities including, but not limited to, the oceanic and/or fisheries industry and research. In addition, we envision a community where there is adequate support for an education system that develops "globally competent kids". These efforts will ensure a reasonable cost of living and great (Bohemian) quality of life where diverse cultures and viewpoints, including that of an engaged community of young adults, work together and thrive. STRATEGIC DIRECTION >Ensure fiscal stability for the community • Understand better the implications of long-term financial commitments like PERS • Work with the School District to ensure the largest investment has desired results • Control debt load ▪ Stabilize revenue • Develop plan for land sale o Partner with Native organizations to leverage capacity especially in outlying areas o Create plan for best use of property ➢Focus on our best economic development opportunities by utilizing assets • Build capacity of people o Provide best education and training for current citizens for opportunities in Kodiak o Strategize to attract and retain the best and brightest to the community, based on the quality of life • Maximize impact of natural resources o Promote and maintain a healthy and vibrant fisheries industry o Develop partnerships in promoting tourism • Enhance seafood and marine science research and education o Strategy and advocate that fishery research, training, and education activities move to Kodiak o Increase University offerings(Alaska Native Science & Engineering Program for fisheries) >Build stronger partnerships with the Coast Guard, Cities/Villages in Kodiak, Native Organizations, School District, University of Alaska, and other Community resources by seeking ways to leverage infrastructure Kodiak Island Borough Strategic Plan Page 1 of 2 Page 49 of 58 Kodiak Island Borough Strategic Plan AGENDA ITEM #2.d. :Build a stronger sense of community • Promote a culture of public trust of elected officials and increase the citizen involvement process • Encourage more multi-cultural engagement in civic activities • Increase involvement of youth through education and meaningful activities 2015 PRIORITIES Stabilize revenue • Develop land sales by using resources to maximum potential for community's vision • Determine and understand long-term financial obligations o School District o Long-term obligations like PERS > Begin to build partnerships and trust • Uphold citizens trust through the Assembly becoming better informed on all issues and more transparent in action • Develop cooperative partnerships with other entities especially the Native Community and other key partners Kodiak Island Borough Strategic Plan Page 2 of 2 Page 50 of 58 Kodiak Island Borough Strategic Plan AGENDA ITEM #24. KODIAK BOROUGH STRATEGIC PLAN DRAFT#3 2015-2020 Assembly Members Rohrer/A usterman PURPOSE The Kodiak Island Borough government exists to improve the quality of life in our community. ENVISIONED FUTURE 2030 Kodiak has entrusted government with powers that promote a vibrant, diverse, and growing economy centered on Kodiak's unique qualities such as our fishing industry and our education system. This includes a focus on a reasonable cost of living and a great quality of life where diverse cultures and viewpoints come together. This includes an engaged community of young adults who are working together and thriving. STRATEGIC DIRECTION >Ensure fiscal stability for the community • Better understand the financial workings of the Borough • Better understand the implications of long-term financial commitments such as PERS and bonded indebtedness. • Work with the School District to ensure our largest investment has the desired results • Make responsible and educated financial decisions in regards to revenue development and debt commitments. • Develop a plan for land sale o Partner with large landowners to leverage capacity especially in outlying areas o Create plan for best use of property (Doesn't the comp plan already accomplish this? Focus on our best economic development opportunities by utilizing all assets • Build capacity of people o Provide best education and training for citizens for opportunities in Kodiak Unsure what was meant here? • Strategize to attract and retain the best and brightest to our community • Utilize our natural resources in a sustainable manner o Promote a healthy and vibrant fisheries industry o Develop partnerships in promoting tourism Unsure what was meant here? • Enhance seafood and marine science research and education o Advocate that fishery research, training, and education activities reside in Kodiak o Increased advocacy for local University access (such as a Alaska Native Science& Engineering Program (ANSEP)for fisheries) Kodiak Island Borough Strategic Plan Page 1 of 2 Page 51 of 58 Kodiak Island Borough Strategic Plan AGENDA ITEM #24. :Build stronger partnerships with key organizations such as the United States Coast Guard, City of Kodiak, Rural Communities on Kodiak, Native Organizations, the School District, the University of Alaska, and other Community resources by seeking ways to leverage infrastructure • Do we need action points under this bullet? >Build a stronger sense of community • Promote a culture of public trust of elected officials • Increase citizen participation on local boards and committees • Encourage more multi-cultural engagement in civic activities o Increase involvement of all citizens (youth to seniors) through education and meaningful activities Unsure what was meant here? 2015 PRIORITIES > Stabilize revenue Unsure that Stabilize is the word we were looking for? • Develop land sale plan to maximum potential for community's quality of life • Understand long-term financial obligations such as the School District, PERS, and Bonded Indebtedness > Begin to build trust and partnerships • Build citizens trust through the Assembly becoming better informed on all issues • Improve public communication on the road system and in our rural communities • Develop cooperative partnerships with other entities especially our rural communities and other key partners Kodiak Island Borough Strategic Plan Page 2 of 2 Page 52 of 58 Kodiak Island Borough Strategic Plan AGENDA ITEM #2.e. Bill Roberts From: Delores Evans Sent: Friday,January 16,2015 215 PM To: Bill Roberts Subject: Procedures If the property has up-to-date,accurate information and there are no changes,photos are taken from the right-of- way. If the property has changed since the last inspection or if it has never been inspected,knock on the door and tell whomever answers why you're there and what you're doing. If they deny access to the property,leave and take photos and notes from the right-of-way. If access is allowed,take measurements of any new structures or additions and take photos. If no one is home,leave a door hanger and proceed with the inspection. Do not enter a fenced in backyard without the owner's permission. Do not enter a residence alone if invited. Schedule an appointment for an interior inspection at a later date. DeAore4(Evcuvue Appraiser Technician Kodiak Island Borough 710 Mill Bay Road Kodiak,AK 99615 (907)486-9353 Page 53 of 58 Borough Staff Protocol and Authorities on Private Properties AGENDA ITEM #2.e. A CITIZENS GUIDE TO PROPERTY ASSESSMENTS OR MORE THAN YOU WANT TO KNOW ABOUT TAX ASSESSMENTS broberts time frame set by Kodiak Island Borough (KIB) Resolution is every three years for properties on the road system and five years for remote properties and properties within the remote cities and villages. To this end, AS 29.45.130 states that the assessor or his agent (staff) may enter real property during reasonable hours to examine visible personal property and the exterior of a dwelling or other structures on the real property. This office's protocol for physical inspection Of structures on real property is MV TUSTUMENA(THE TRUSTY TUSTY) to approach the front entrance of the home and knock on the door (, it > or ring the doorbell and wait for !rat 4R7 ^ 14 a response. If an adult is home to answer, we identify ourselves �} V °° r � + •1 and our purpose, which is to ��` tom" zt take photographs and measure 1t ,431 the exterior of structures. If the a •,( a person is unhappy or unwilling f' Ixn to allow that type of entrance l onto their property, we acknowledge their wishes and leave the premises. In this case we complete the assessment based on what can be seen from the street and what we can gather from public record or by using the GIS imagery. If no-one is home or answers the door, we continue with our duties as outlined in state statutes and authorized in AS 29.45.130. The purpose of the assessment is to determine the value of the property for calculating the borough real estate (property) tax. The rate of taxation is set by the Assembly annually based on the estimated annual expenditures for that year. The task of the Assessing Office is to strive to bring equity to the assessments. The benchmark set by the state is 100% of market value. The assessing department attempts to get as close to that standard as possible and also assure that the deviations from the standard are in a narrow range so that all property owners are paying taxes on an equal basis. For this reason, the re-assessment process is typically completed by neighborhood or class of property (Le. average quality single-family homes inside the city, commercial properties, multifamily, etc.) to ensure equity across each strata of the market. Page 12 Page 54 of 58 Borough Staff Protocol and Authorities on Private Properties AGENDA ITEM #2.e. Alaska Statutes:AS 29.45.130. Independent Investigation. Page 1 of I f ALASICA LLQAL I{C5OUIZCL CENTER._ I Can Lave I statutes,Maas a I cenmmnaer 11 MIseman.au. IL Sana. I Reputations Alaska Statutes Alaska bre nlsuative Cale Bright — solutions Business Tax Software k.2..::.. Easily maximize your deductions.File your business taxes instantly. re 'wn✓aaa. asu s..,a Alaska Statutes. Title 29.Municipal Government Lhaoter 95.Municipal Taxation Section 130.Independent Investigation. previous:Section 12Q.Returns. next:section 190.Violations;Authorization to Prescribe Penalties By Ordinance. AS 29.45.130. Independent Investigation. (a)The assessor Is not bound to accept a return as correct.The assessor may make an Independent Investigation of property returned or of taxable property on which no return has been flied.In either case,the assessor may make the assessor's own valuation of the property subject to an ad valorem tax and this valuation Is prima fade evidence of the value of the property. (b)For Investigation,the assessor or the assessor's agent may enter real property during reasonable hours to examine visible personal property and the exterior of a dwelling or other structure on the real property.The assessor or the assessors agent may enter and examine the Interior of a dwelling or other structure or the personal property In It only(t)if the structure Is under construction and not yet occupied;(2)with the permission of a person In actual possession of the structure;or(3)In accordance with a court order to compel the entry and Inspection.The assessor or the assessor's agent may examine all property records Involved.A person shall,on request,furnish to the assessor or the assessor's agent assistance for the Investigation and permit the assessor or the assessor's agent to enter a dwelling or other structure to examine the structure or personal property in It during reasonable hours.The assessor may seek a court order to compel entry and production of records needed for assessment purposes. (c)An assessor may examine a person on oath.On request,the person shall submit to examination at a reasonable time and place selected by the assessor. All content©2000 by Touch N'Gofpriaht Solutions.Inc. Note to HTML Version: This version of the Alaska Statutes Is current through December,2007.The Alaska Statutes were automatically converted to HTML from a plain text format,every effort has been made to ensure their accuracy,but this can not be guaranteed.If it is critical that the precise terms of the Alaska Statutes be known,It is recommended that more formal sources be consulted.For statutes adopted after the effective date of these statutes,see,Alaska State Leolslature If any errors are found,please e-mail Touch N'Go systems at Finai(.We hope you find this Information useful. This page has been updated:08/26/2011 15:53:39 http://touchngo.com/Iglcntr/akstats/Statutes/Tit1e29/Chapter45/Sectionl30.htm 1/25/2015 Page 55 of 58 Borough Staff Protocol and Authorities on Private Properties AGENDA ITEM #2.e. Chapter 17210 ENFORCEMENT,PENALTIES AND REMEDIES Page 1 of 2 Chapter 17.210 ENFORCEMENT, PENALTIES AND REMEDIES Sections: 17.210.010 Administrative enforcement action. 17.210.020 Administrative inspections. 17.210.030 Penalties and remedies. • For provisions authorizing the assembly to prescribe penalties for violation of codified ordinances not to exceed a fine of$500.00 and imprisonment for 30 days,see AS 29,25.070. 17.210.010 Administrative enforcement action. A.The zoning officer may order 1.The discontinuation of unlawful uses of land or structures; 2.The removal or abatement of unlawful structures,or any unlawful additions or alterations thereto; 3.The discontinuation of construction or other preparatory activity leading to an unlawful structure or an unlawful use of a land or structure; 4.When necessary to ensure compliance with this title,the suspension or revocation of building permits,variances,or other borough land use entitlements. B.Upon complaint by a citizen,or upon his own initiative,the zoning officer may,after investigation, initiate criminal proceedings against any person for the violation of this title.Except for prosecutions for failing to comply with an order issued under subsection A of this section,the zoning officer shall give at least 10 days'written notice of intent to prosecute,and may initiate criminal proceedings only if the violation is not cured within the notice period.[Ord.83-59-0§1, 1983;Ord.81-12-0§6,1981; Ord.80-24-0§3,1980.Formerly§17.75.0101. 17.210.020 Administrative Inspections. In accordance with this section,the zoning officer may make inspections necessary to enforce the provisions of this title.When the zoning officer has reasonable cause to believe that in any building or on any premises there exists any violation of this title, he may enter such building or premises at any reasonable time to inspect the same or perform any of his duties under this title;provided,that where the Constitution of the United States or the state of Alaska requires that the zoning officer obtain a search warrant before making an inspection,he shall not make the inspection until authorized to do so by a search warrant issued by a court of competent jurisdiction.[Ord.83-59-0§2, 1983;Ord.80- 24-0§3,1983.Formerly§17.75.020). 17.210.030 Penalties and remedies. A.A person who violates any provision of this title,an order issued under KIBC 17.210.010(A)or any term or condition of a conditional use,variance or other entitlement issued under this title,is guilty of http://www.codepublishing.com/AKfkodiakislandborough/html/kodiakislandborough 17/K... 1/25/2015 Page 56 of 58 Borough Staff Protocol and Authorities on Private Properties AGENDA ITEM #2.e. Chapter 17.210 ENFORCEMENT,PENALTIES AND REMEDIES Page 2 of 2 a misdemeanor and upon conviction is punishable by a fine of not more than$300.00,in addition to the surcharge required to be imposed under AS 12.55.039. B. Notwithstanding the availability of any other remedy,the borough or any aggrieved person may bring a civil action to enjoin any violation of this title,any order issued under KIBC 17.210.010(A),or any term or condition of a conditional use,variance or other entitlement issued under this chapter,or to obtain damages for any injury the plaintiff suffered as a result of a violation.An action for injunction under this section may be brought notwithstanding the availability of any other remedy.Upon application for injunctive relief and the finding of an existing or threatened violation,the superior court shall enjoin the violation. C. Each act or condition violating this title,any order issued under KIBC 17.210.010(A),or any term or condition of a conditional use,variance,or other entitlement issued under this title,and each day during which the act or condition exists,continues or is repeated shall be a separate and distinct violation. D.The penalties provided for violation of this chapter are in addition to and not in lieu of any other penalty provided for in state law or any civil remedy available to the borough.[Ord.98-26§9, 1998; Ord.83-37-0§4,1983;Ord.80-24-0§3, 1980.Formerly§17.75.030]. http://www.codepublishing.com/AK/kodiakislandborough/html/kodiakislandborough 17/K... 1/25/2015 Page 57 of 58 Borough Staff Protocol and Authorities on Private Properties AGENDA ITEM #2.g. Kodiak Island Borough Code Page I/1 2.40.030 Request for records—Response by the borough. A. For records that are not immediately available in the borough offices, a requester shall submit a written request to inspect or obtain a copy of a borough record through the clerk's office. The request shall be accompanied by the applicable fee. The clerk's office coordinates with the borough department who is the custodian of the borough record. B. A borough department that receives a request to inspect or provide a copy of a borough record shall respond as follows: If the borough record is subject to inspection under this chapter and is readily available,the borough department shall permit the requester to inspect the borough record, and provide the requester with a copy of the borough record, at the time the request is made. 1. If the requested borough record is subject to inspection under this chapter but either the borough record is not immediately available, or staff resources of the borough department are not sufficient to respond to the request when it is made, the borough clerk shall provide the borough record for inspection or provide a copy of the record as requested within 10 business days after receiving the request. 2. If the borough clerk must determine whether the borough record is subject to inspection under this chapter, within 10 business days after receiving the request, the borough clerk shall make that determination, and at that time either: a. Provide the borough record for inspection or provide a copy of the record as requested; or b. State in writing that the borough record is not subject to inspection, including a citation to the provision of borough, state, or federal law that authorizes or requires the withholding of the borough record from inspection. C. The borough clerk may extend the initial 10-business-day period established under subsection B of this section for a period not to exceed 10 additional business days by providing notice to the requester within the initial 10-business-day period. The notice must state the reason for the extension and the date by which the borough department expects to be able to furnish the requested record or to issue a determination that the record is not subject to disclosure. [Ord. FY2010-02 §2, 2009]. 2.40.040 Charges and fees for records. A. Except as otherwise provided in this section, the fee for copying public records may not exceed the standard unit cost of duplication established by the borough and per the fee schedule. The resolution may also contain a separate fee for providing electronically generated public records, to be based on recovery of the actual incremental costs of providing the electronic record. B. If the production of records for one requester or the agent of a requester in a calendar month exceeds five person hours, the borough shall require the requester to pay the personnel costs required during the month to complete the search and copying tasks. The personnel costs may not exceed the actual salary and benefit costs for the personnel time required to perform the search and copying tasks. The requester shall pay the fee before the records are disclosed, and the borough may require a deposit in advance of the search. C. Any fee may be reduced or waived by the clerk if it is determined that the reduction or waiver is in the public interest. Fee reductions and waivers shall be uniformly applied among persons who are similarly situated. The borough shall waive a fee of$5.00 or less. [Ord. FY2010-02§2, 2009]. The Kodiak Island Borough Code is current through Ordinance FY2014-20,passed July 3,2014. Page 58 of 58 Assembly Process for Request of Information From Staff KODI K ISLAND BOROUGH 5 _ ORK SESSION Work ession of: CIN/ X`l/ .� /9 Please PRINT your name Please PRINT your name Oiu ��IIIQ�iI I�lulllo milllum. ullllluuVl .�,Imu�. �IIII;„'uup� ""ulliO01[1l, ,Ill11��J11111lalm, I,IIIII ,Illlllllpl,, .�. SC' Ol /9,'N j !dlplm,llalam!,1 ,, „H.. °V I�1,,,,,,,,„411[111IIIIIIIIII i�llllllili j9p, h161o� �Iml�� SII„ Pi n, FRN�i�l�lulllilplhdlllllilllhillilRilu�N^V�I1 G �' �” �mGllil'�Ilo. 16pIIIIIi„lit, IIIIIIri411111 1p ��f.0 C cJ� Ilu"IlihI' �mlu'lllluu. dIIIf11111„, j;lii!li IUIIUN1„1„riiiil 11lio C�iv� V� � S w� wn �➢t,,S � lumallm„, Iillllo„. u'il�iiVua 4111111!11” 'll�llii„, ^'IIIIIVIU ' So7r/14 ' i C „IIII',pmll'''''IVllpl�,l1111 IiIimi lllllllilo,' �� / alll l IIiI. ”"Illp,. unh 111 l,, eolM� �l,�hi,�. "Il�lllu" ,111l I, ISI QALQ\hx4 J �3 ami.. ��(�ro. .'�I��II�. nIIIVIII/nn�IIIIII,IINI�IIIIIIIIIIo�hl„lip_ iic � 'ally"Ili C.0:pu,.i, illl10 Qh" ��IL,uVIli119UoalIl'lllllp \-0-0',„1„;„6, l,li �' "L.L) „�,u�� „6 ''III 1a , ,III', °0jil"�� ,ihla, Nlll hIIINllill9!i�lllio., .malYllilziluo. IIIIIII'a,.. .,.aur. ,iiIIII0• �Ip .nlVlllhllllrpo, AIIIIIIIIquNllmll